Sacramento, California 2021-06-10 15:00:15 –
(CNN / CBS13) — California Attorney General Rob Bonta sued last week’s ruling by a federal judge who overturned the state’s long-standing ban on assault-type weapons.
Judge Roger Benitez of the U.S. District Court on Friday violated the second amendment to exercise armed rights in California and said that he would own an attack-style weapon commonly accepted in other states. He blocked California’s ban on robbing the people. He allowed an injunction to stay for 30 days.
Democrat Bonta said at a press conference announcing that the appeal had been filed Thursday, he said the judge was “confused, annoying and of great concern.”
# Breaking news: Appeal to the district court’s decision to overturn the CA’s decades ago ban on offensive weapons.
There is no law or fact to equate the gun used in many of the country’s most deadly mass shootings with the Swiss Army knife.https://t.co/treOYf3vsr
— Rob Bonta (@AGRobBonta) June 10, 2021
“We can’t do that, and this ruling doesn’t stop us,” he said.
Mr Bonta said his office would request the Court of Appeals to maintain the district court’s ruling. This will extend the 30-day stay and enforce the law during the appeal process.
In his ruling, Benitez likened the AR-15 to a Swiss Army knife, claiming that both were “the perfect combination of defense weapons and defense equipment.” His comparison elicited criticism from California Democrats and gun safety activists, saying gun advocates would celebrate the decision and continue to challenge the Ninth Circuit Court of Appeals and, if necessary, the Supreme Court. ..
Bonta, Democrat Gavin Newsom and others, who spoke at a press conference Thursday, accused Benitez of being an idealism and argued that his decision was a legal outlier.
Matty Scott, who headed the California branch of the Brady Center and lost her son to gun violence in 1996, read his decision that he called my son a weapon of the kind similar to a pocket knife. It’s insulting. ” It was not invented to kill as many people as possible. Pocket knives do not tear your family. “
Robin Thomas, Executive Director of the Gifford Law Center, hopes that the Ninth Circuit Court of Appeals will overturn Benitez’s decision, but gun lobbyists have similar cases before Benitez passed the federal system. He said he expected to continue trying to wake him up.
The judge’s decision was made in Miller v Bonta, a 2019 proceeding from California residents, San Diego County gunowner PAC, and other armed advocacy groups.
California became the first state to ban the sale of semi-automatic rifles in 1989 after being shot at an elementary school in Stockton and killing five children.
Six other states and Washington, DC have banned certain semi-automatic firearms.
In recent years, the US Supreme Court has refused to challenge the ban on offensive-style weapons in several states, including Connecticut, Massachusetts, and Illinois, and maintains the support of lower courts in these laws. However, gun advocates have found new opportunities for legal opposition with the recent addition of Judge Amy Coney Barrett, giving the High Court a 6-3 conservative trend.
In April, the conservative majority bench decided to consider a lawsuit on New York law restricting individuals from carrying hidden pistols in public. This is the court’s main decision on gun rights for the first time in 10 years.
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California Appeals Federal Judge’s Ruling That Overturned State’s Assault Weapons Ban – CBS Sacramento Source link California Appeals Federal Judge’s Ruling That Overturned State’s Assault Weapons Ban – CBS Sacramento