Democrats are reeling after the gun grabbers suffered a massive blow, losing a 30 year ban on assault weapons which they had long celebrated.
A federal judge has overturned a decades old California ban on assault weapons – ruling that the ban violates the second Amendment.
U.S. District Judge Roger Benitez said, “Under no level of heightened scrutiny can the law survive,” before issuing a permanent injunction out of San Diego that takes effect in 30 days.
Benitez argued the state’s definition of illegal military-style rifles bans firearms allowed in other states, depriving California gun owners of their rights.
In his 94-page ruling, the judge spoke favorably of modern weapons and said they were overwhelmingly used for legal reasons.
He compared the AR-15 rifle to a Swiss Army knife, saying it’s “a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle.”
The lawsuit was filed by the San Diego County Gun Owners Political Action Committee, California Gun Rights Foundation, Second Amendment Foundation and Firearms Policy Coalition and is one of many by pro-gun groups challenging California’s firearms laws, which rank among the strictest in the nation.
“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,” Benitez said in the ruling, referring to AR-15s as “ordinary guns” in comparison to bazookas, howitzers, or machine guns that he said should only be used in the military.
“This is an average case about average guns used in average ways for average purposes,” the ruling continued. “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,” he added.
He also called the ban “a continuing failed experiment which does not achieve its objectives of preventing mass shootings or attacks on law enforcement officers.”
He noted there are currently an estimated 185,569 assault weapons registered with the state despite the ban. Those weapons were grandfathered in prior to California’s ban of assault weapons.
California’s far-left Gov. Gavin Newsom, of course, condemned the ruling, attempting to label it as “a direct threat to public safety and the lives of innocent Californians.”
He also claimed that the Swiss Army knife comparison undermined the “credibility” of the ruling and was a “slap in the face to the families who’ve lost loved ones to this weapon.”
California Attorney General Rob Bonta said the state will appeal the ruling. The state first restricted assault weapons in 1989, with multiple updates to the law since then.
The state is also appealing Benitez’s 2017 ruling against the state’s ban on the sales and purchases of magazines holding more than 10 bullets and his 2020 decision blocking a 2019 California law requiring background checks for anyone buying ammunition.
Author: Thomas Sayo