For 32 years Californians have had their Second Amendment right infringed upon by the state’s draconian “assault weapons ban.” The ban has prevented Golden Staters from owning most standard versions of America’s most popular firearm, the AR-15.
In his ruling, Judge Roger Benitez struck a blow to the heart of the central argument of most anti-gun activists, saying, “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.”
The NY Post reports:
A federal judge on Friday overturned California’s long-standing assault weapons ban on constitutional grounds.
US District Judge Roger Benitez of San Diego ruled that the 1989 ban on military-style rifles deprives state residents of their right to bear arms.
“Under no level of heightened scrutiny can the law survive,” Benitez said.
“Like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle,” the judge said in his ruling’s introduction.
Benitez issued a permanent injunction against enforcement of the law, with a stay of 30 days to give state lawyers time to appeal.
California Gov. Gavin Newsom slammed the decision as “a direct threat to public safety and the lives of innocent Californians, period.”
Vowing to challenge the ruling, the Democrat said that Benitez’s Army knife comparison “completely undermines the credibility of this decision and is a slap in the face to the families who’ve lost loved ones to this weapon.”
Benitez ruled that the weapons were not extraordinarily dangerous and had legitimate uses for California citizens.
“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,” his ruling said.
The judge also pointed out that 185,569 assault weapons are registered in the state — in spite of the ban.
Action Line: There is no doubt this case will work its way up through the appeals process, perhaps even to the Supreme Court. In the meantime, get your guns and your training now.
