“It’s commonly owned and definitely protected by the Second Amendment and two previous Supreme Court rulings in Heller and McDonald.”īrandon Combs, president of the Firearms Policy Coalition that was also one of the plaintiffs, said the ruling bodes well for the group’s efforts to fight “assault weapons” bans across the country. “The so-called assault weapon is the most popular rifle sold in the United States,” Gottlieb told The Reload. He said it demonstrates that the Second Amendment protects the AR-15 under Supreme Court precedent. Therefore, this Court declares the California statutes to be unconstitutional.”Īlan Gottlieb, whose group the Second Amendment Foundation filed the suit alongside other gun-rights advocates, said he was “thrilled” by the ruling. “Yet, the State of California makes it a crime to have an AR15 type rifle. “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. He compared the modular firearm to a “Swiss Army Knife” and noted its use for home defense and civil defense. Eventually, it banned the possession of unregistered “assault weapons” before the latest iteration of the ban was challenged by gun-rights groups in federal court.īenitez said the AR-15’s versatility made it widely popular in the United States, and that popularity is part of what gives it protection under the Second Amendment. The state added more guns and features to the ban.
It was instituted in 1989 but has been expanded multiple times in the decades since. “This is an average case about average guns used in average ways for average purposes.”Ĭalifornia’s ban is one of the oldest and most aggressive in the country. Instead, the firearms deemed ‘assault weapons’ are fairly ordinary, popular, modern rifles. Those arms are dangerous and solely useful for military purposes. “The banned ‘assault weapons’ are not bazookas, howitzers, or machineguns. “This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection,” Benitez wrote. He said the state ran afoul of the Constitution in restricting access to them. Judge Roger Benitez ruled the guns targeted by California are in common use. The court found the state’s ban on the sale of AR-15s and other popular rifles violated the Second Amendment. The US Court of Appeals for the Ninth Circuit contained the damage of the outlier opinion by staying the effect of the ammunition background check ruling, and the appeals court could do the same after the 30 day period elapses in the assault weapons case.A federal judge ruled Friday that California’s “assault weapons” ban is unconstitutional. In his opinion addressing the magazine law, Judge Benitez stated that he believed “the problem of mass shootings is very small.” Judge Benitez also previously ruled against a state law requiring background checks on ammunition purchases. Previously, the judge issued an unprecedented decision striking down California’s ban on large-capacity magazines, leading to a weeklong period in April 2019 where Californians could legally purchase magazines of any size. The California affiliate of the NRA has exploited a court rule in the Southern District of California to bring multiple Second Amendment cases before Judge Benitez. In the California lawsuit and many others, we’re keeping up the fight against the NRA’s reckless campaigns to strike down the laws that keep our families and communities safe.”
While we are confident the judge’s ruling will be overturned on appeal, the gun lobby continues to advance extreme positions on the Second Amendment in courts across the country, including the US Supreme Court.
They can attest to the reality that these weapons are not like ‘swiss army knives’ nor are mass shootings only a ‘very small’ problem. Too many families across the nation have lost loved ones in shootings carried out with assault weapons. This is especially insulting coming on Gun Violence Awareness Day. A judge with extremist views prioritized weapons of war over the lives of Californians. “Today’s decision is alarming and wrongly decided. Statement from Robyn Thomas, Giffords Law Center Executive Director: The ruling is stayed for 30 days to allow California to file an appeal. Since 1989, assault weapons have been banned in California.
District Judge Roger Benitez issued a ruling striking down the California assault weapons ban. Washington, DC - Giffords Law Center, part of the gun violence prevention organization founded by former Congresswoman Gabrielle Giffords, issued the following statement after U.S.
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