US Judge Declares California’s Assault Weapons Ban Unconstitutional
Federal Judge Rules Against California Assault Weapons Ban
A federal judge in California has declared the state’s ban on assault weapons unconstitutional. The ban, which was enacted in 1989, prohibits the ownership of semi-automatic weapons. The judge cited a U.S. Supreme Court ruling from last year that expanded gun rights as the basis for his decision.
Judge’s Ruling Deems Ban In Violation of Second Amendment
U.S. District Judge Roger Benitez, based in San Diego, issued a ruling in response to a challenge brought by gun rights groups and individuals. He stated that the ban deprived law-abiding citizens of their Second Amendment right to “keep and bear arms.” The judge’s ruling has prompted a 10-day hold on the injunction to allow the state to appeal.
California Attorney General Plans Appeal
California Attorney General Rob Bonta, a Democrat, has expressed his intention to appeal the judge’s decision. Bonta referred to the ruling as “dangerous and misguided” and emphasized that “weapons of war have no place on California’s streets.”
Supreme Court’s Influence on the Ruling
Last year, the Supreme Court struck down New York state’s limits on carrying concealed handguns, establishing a new legal test for firearms restrictions. Judge Benitez noted that California’s assault weapons ban lacked historical precedent and did not align with the nation’s historical tradition of firearm regulation.
Legal Challenge and Gun Rights Groups
The legal challenge was brought forth by California residents and gun rights organizations, including the Firearms Policy Coalition, the California Gun Rights Foundation, and the Second Amendment Foundation. The plaintiffs sought to own firearms such as the AR-15.
Previous Rulings and Appeals
This is not the first time Judge Benitez has declared the assault weapons ban unconstitutional. However, his previous order was vacated by the 9th U.S. Circuit Court of Appeals, which directed him to review the matter further in light of the Supreme Court’s ruling. The judge also recently declared California’s ban on high-capacity magazines unconstitutional.
The judge’s ruling has sparked both support and opposition, highlighting the ongoing debate surrounding gun rights and regulations in the United States.
