Fresno, California 2021-06-10 13:09:25 –
Last week, a federal judge ruled that California’s ban on offensive weapons violated the constitutional right to keep armed.
Judge Roger Benitez of the U.S. District Court in San Diego said that the state’s definition of illegal military-style rifles is from Californians who comply with the weapons generally permitted by most other states and the U.S. Supreme Court. I ruled that I would take it illegally.
“Under close scrutiny, the law cannot survive,” Benitez said. He issued a permanent injunction against law enforcement, but maintained it for 30 days to give state Attorney General Rob Bonta time to appeal.
Governor Gavin Newsom condemned the decision and called it “a direct threat to public security and the lives of innocent Californians.”
In his 94-page ruling, the judge spoke favorably about modern weapons, stating that they were overwhelmingly used for legal reasons.
“Like the Swiss Army knife, the popular AR-15 rifle is the perfect combination of defense weapons and defense equipment. It’s suitable for both home and combat,” the judge said at the beginning of the decision.
“It completely undermines the credibility of this decision and is a slap for families who have lost their loved ones with this weapon,” Newsom said in a statement. “We will not retreat from this battle and will continue to promote common-sense gun control that saves lives.”
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Bonta called the ruling flawed and said he would appeal.
California first restricted assault weapons in 1989, and the law has been updated many times since then.
Assault weapons as defined by law are more dangerous than other guns and are being used disproportionately against crime, mass shootings, law enforcement agencies, and more casualties, the State Attorney’s Office said. He insisted that it “further enhances the state’s important public security interests.” .. “
In addition, the surge in sales of more than 1.16 million other types of pistols, rifles and shotguns last year (perhaps more than one-third of first-time buyers) was that the ban on offensive weapons “did not prevent legal compliance. It shows that. State citizens are forbidden to obtain a range of firearms for legitimate purposes, including self-defense. “
The state claimed that similar restrictions on assault weapons were previously upheld by six other federal districts and the Court of Appeals. State officials said the ban would allow assault rifles as well as assault shotguns and assault pistols.
But Benitez disagreed.
“This case is not about anomalous weapons that are at the limits of the protection of the Second Amendment. The prohibited” attack weapons “are not bazookas, howitzers, or machine guns. These weapons are dangerous and serve only military purposes, “he said.
Despite the California ban, the judge said there are currently an estimated 185,569 assault weapons registered in the state.
“This is the average case for an average gun used in an average way for an average purpose,” the ruling said. “If the news media and others persuade the country to be flooded with murderous AR-15 assault rifles, one should be forgiven, but the facts do not support this exaggeration and the facts are important. is.”
“In California, knife murders occur seven times more often than rifle murders,” he added.
Benitez said in a preliminary ruling in September that the complex legal definition of assault weapons in California could deprive law-abiding gun owners, especially the right to a second amendment to own a gun. He said he could be trapped with some criminal punishment.
“The burden on the core rights of the Second Amendment, if any, is minimal,” the state claimed. Because the weapon is still usable. According to state officials, modifications such as shorter barrels and foldable stocks will increase concealment, and modifications such as pistol grips and thumbhole grips will improve the accuracy of rapid firing and will be fatal.
The lawsuit filed by the San Diego County Gun Owners Political Action Committee, the California Gun Rights Foundation, the Second Amendment Foundation, and the Firearms Policy Coalition is by a gun advocacy group that challenges the strictest California firearms law in the United States.
The proceedings filed in August 2019 followed a series of deadly mass shootings nationwide, including military rifles.
It was submitted on behalf of the owner of a gun who wanted to use a large magazine with a legal rifle or pistol, but said it could not be used as it would turn into an illegal assault weapon under California law. .. Unlike military weapons, semi-automatic rifles fire one bullet each time they are triggered, and plaintiffs state that they are legal in 41 states.
According to the proceedings, California “has only one handful of bans on many of the most popular semi-automatic firearms in the United States because they have one or more common features such as a pistol grip and a screw barrel. It’s one of the states. ” Magazine.
The state is suing Benitez’s 2017 ruling against the state’s almost 20-year-old ban on the sale and purchase of magazines holding more than 10 bullets. The decision triggered a week-long buy-out before the judge stopped selling during the appeal. It was upheld by a three-judge appeals committee in August, but the Ninth US Court of Appeals said in March a 11-member committee would review the case.
The state is also calling for Benitez’s decision in April 2020 to block the 2019 California law requiring background checks on ammunition buyers.
Both of these measures were upheld when Newsom was Vice Governor, and were upheld by voters in the 2016 voting bill.
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