[PJMedia] On Friday night, a federal judge struck down California's decades-long ban on "assault weapons," ruling that the ban violates the Second Amendment as understood under the precedents of District of Columbia v. Heller (2008) and United States v. Miller (1939)."Under no level of heightened scrutiny can the law survive," U.S. District Judge Roger Benitez
| ...Cuban-born and nominated by President George W. Bush, this is his second major ruling on a 2nd Amendment case. The second round appeal (an en banc rehearing by the entire 9th Circuit court of appeals) of his 2019 summary judgement against California’s ban on large capacity magazines is scheduled for later this month... |
Gov. Gavin Newsom claimed that the ruling "is a direct threat to public safety and innocent Californians." The governor also cited one of the more colorful parts of the ruling, a comparison between a Swiss Army knife and an AR-15.
"Overturning CA's assault weapon ban and comparing an AR-15 to a SWISS ARMY KNIFE is a disgusting slap in the face to those who have lost loved ones to gun violence," Newsom tweeted. "This is a direct threat to public safety and innocent Californians. We won't stand for it."
Yet Benitez's comparison is not as outrageous as Newsom suggests. In the ruling, Benitez notes that Californians already own hundreds of thousands of "assault weapons" under the state's definition, and that the definition in the law is rather arbitrary. These and other points make the Swiss Army knife comparison far more reasonable than it appears at first blush.
"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 AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, (2008) and United States v Miller, (1939). Yet, the State of California makes it a crime to have an AR15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional," Benitez wrote.
The judge noted that the legacy media twists the facts on gun ownership.
"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," he wrote. "Federal Bureau of Investigation murder statistics do not track assault rifles, but they do show that killing by knife attack is far more common than murder by any kind of rifle. In California, murder by knife occurs seven times more often than murder by rifle."
In 2019, for example, assailants murdered 252 people in California with a knife, while criminals murdered only 34 people with some type of rifle. "A Californian is three times more likely to be murdered by an attacker's bare hands, fists, or feet, than by his rifle," Benitez noted.
Long past time for this to happen. I don't expect the SC to take it up once it has been appealed to that point, however. Buncha cowards.
Related:
Assault weapon ban: 2015-10-08 What no politician wants to admit about gun control
Assault weapon ban: 2013-03-19 Senate Democrats to drop assault weapon ban from gun bill
Assault weapon ban: 2013-01-24 Feinstein to introduce firearms ban
Assault weapon ban: 2015-10-08 What no politician wants to admit about gun control
Assault weapon ban: 2013-03-19 Senate Democrats to drop assault weapon ban from gun bill
Assault weapon ban: 2013-01-24 Feinstein to introduce firearms ban
Related:
Roger Benitez: 2020-08-14 Ninth Circuit Rules Against California Ban on ‘Large Capacity Mags'
Roger Benitez: 2020-04-25 Fed judge tosses California’s ammo background check requirement as unconstitutional ‘misfire’ against liberty
Roger Benitez: 2020-04-24 Judge tosses California law requiring background checks for ammunition
Roger Benitez: 2020-08-14 Ninth Circuit Rules Against California Ban on ‘Large Capacity Mags'
Roger Benitez: 2020-04-25 Fed judge tosses California’s ammo background check requirement as unconstitutional ‘misfire’ against liberty
Roger Benitez: 2020-04-24 Judge tosses California law requiring background checks for ammunition
