Fed Judge Overturns California Ban on "Assault" Weapons

[rtschl]

U.S. District Judge Roger Benitez of San Diego ruled Friday that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states.

https://nypost.com/2021/06/04/us-judge- ... SocialFlow

[Jeff B.]

That’s big.

I think you can count on this going to appeal and a hostile court and ending up as a Supreme Court case.

Jeff B.

[Rafe]

Breaking news: California Governor Newsome calls Judge Roger Benitez's ruling "a disgusting slap in the face to those who have lost loved ones to gun violence."

I'm shocked at his shock, I tell ya. </sarcasm>

"This case is not about extraordinary weapons lying at the outer limits of second amendment protection. The banned 'assault weapons' are not bazookas, howitzers or machine guns. Those arms are dangerous and solely useful for military purposes. This is an average case about average guns used in average ways for average purposes. One is to be forgiven if one is persuaded by news media and others that the nation is awash with murderous AR-15 assault rifles. The facts, however, do not support this hyperbole, and facts matter.... In California, murder by knife occurs seven times more often than murder by rifle."

Evidently, despite the 1989 ban, about 190,000 "assault weapons" are registered in California. The state of California is in process of appealing a 2017 ruling by Benitez against the nearly 20-year-old ban on magazines capable of holding more than 10 rounds, and it's also appealing an April 2020 decision by Benitez that blocked a 2019 California law requiring background checks for anyone buying ammunition.

Judge Benitez, we all hope you keep fighting the good, logical, and constitutional fight. But if you ever throw your hands up in the air and give up on California, we'll have a warm Texas welcome and a cold bottle of Shiner Bock waiting for you here.

[Ruark]

So does this mean somebody in California can go out TODAY and buy an AR?

[srothstein]

So does this mean somebody in California can go out TODAY and buy an AR?

Not yet. His ban on enforcing the law is on hold for 30 days to allow for an appeal. And I hope they do appeal. I am confident the 9th circuit will overturn him (when they rule en banc, if not with the three judge panel - Trump got enough judges appointed there that a three judge panel might uphold it). The question is if the SCOTUS would take it. They might wait for a split between circuits to see if anyone else gets a ban thrown out. That probably would be in one of three places, New York, Massachusetts, or Chicago. Not too many places have a similar ban to question.

[Flightmare]

So does this mean somebody in California can go out TODAY and buy an AR?

Not yet. His ban on enforcing the law is on hold for 30 days to allow for an appeal. And I hope they do appeal. I am confident the 9th circuit will overturn him (when they rule en banc, if not with the three judge panel - Trump got enough judges appointed there that a three judge panel might uphold it). The question is if the SCOTUS would take it. They might wait for a split between circuits to see if anyone else gets a ban thrown out. That probably would be in one of three places, New York, Massachusetts, or Chicago. Not too many places have a similar ban to question.

They MAY overturn him, or they may leave it in place...for now. They may not want to risk it going to SCOTUS and risk a decision that affects the whole USA.

[AndyC1911]

Judge Benitez, we all hope you keep fighting the good, logical, and constitutional fight. But if you ever throw your hands up in the air and give up on California, we'll have a warm Texas welcome and a cold bottle of Shiner Bock waiting for you here.

[MaduroBU]

This could be as big as Heller. I'm also worried that the 9th will strategically cave to Benitez to avoid handing the appeal to the USSC, but I don't think it's a given that they will act with that much foresight. The woke Twitter/Facebook mobs will roast them as traitors if they don't overturn Benitez (see the unhinged rhetoric from the CA governor and AG above....do you think that NPC trolls on Twitter will be more or less reasonable?), which will give them a powerful motivation to simply overturn.

In that case, we could see a sweeping ruling which will drastically change gun laws for all Americans.

[AndyC1911]

I don't think it's a given that they will act with that much foresight.

They're so cocky they believe they can win every battle.

[MaduroBU]

I don't think it's a given that they will act with that much foresight.

They're so cocky they believe they can win every battle.

They may also be hopeful that there will be an additional 200 liberal justices on the USSC by the time that the appeal reaches that court.

[ScottDLS]

My prediction. 9th circuit panel or full court overturns. SCOTUS doesn't take it up.

[philip964]

The judge knows about being infringed!!

[ajwakeboarder]

So does this mean somebody in California can go out TODAY and buy an AR?

Not yet. His ban on enforcing the law is on hold for 30 days to allow for an appeal. And I hope they do appeal. I am confident the 9th circuit will overturn him (when they rule en banc, if not with the three judge panel - Trump got enough judges appointed there that a three judge panel might uphold it). The question is if the SCOTUS would take it. They might wait for a split between circuits to see if anyone else gets a ban thrown out. That probably would be in one of three places, New York, Massachusetts, or Chicago. Not too many places have a similar ban to question.

On the slim chance that the 9th is smart enough not to appeal, the ban would be reversed on.....drumroll......July 4th. Can you think of a better way to celebrate Independence Day?

[ajwakeboarder]

Also, Judge Benitez is the one who ruled against the "high" capacity magazine ban and the online ammunition ban in California. His ruling against the magazine ban led to "freedom week" in California before a say of execution was granted. In that week, it is estimated that several million magazines were imported into California. Yours truly imported and partially distributed over 200 standard 30 round magazines before the stay was granted.

Unfortunately, the ammunition ban was only lifted for a little over a day before the stay was granted. Still, I really hope all of these rulings get elevated to the SC and overturn the regressive policies that California has been subjecting its citizens to.

[crazy2medic]

Ammo ban? So what keeps people in Commie Cali from going to a neighboring State and buying Ammo?