Old Hunter

Victory in CA re: modern semi-auto’s

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BELLEVUE, WA — The Second Amendment Foundation has won a significant court ruling in the case of Miller v. Bonta, which challenged the constitutionality of California’s ban on so-called “assault weapons,” with U.S. District Court Judge Roger T. Benitez declaring the state’s statutes regarding such firearms to be unconstitutional.

SAF was joined in this action by the Firearms Policy Coalition, California Gun Rights Foundation, San Diego County Gun Owners PAC, Poway Weapons and Gear, Gunfighter Tactical, LLC, and several private citizens including James Miller, for whom the case is named.

“In his 94-page ruling, Judge Benitez has shredded California gun control laws regarding modern semi-automatic rifles,” said SAF founder and Executive Vice President Alan M. Gottlieb. “It is clear the judge did his homework on this ruling, and we are delighted with the outcome.”

In his opening paragraph, Judge Benitez observes, “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, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939). Yet, the State of California makes it a crime to have an AR- 15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional.”

Later in the ruling, Judge Benitez observes, “The Second Amendment protects modern weapons.” A few pages later, he adds, “Modern rifles are popular. Modern rifles are legal to build, buy, and own under federal law and the laws of 45 states.” Perhaps most importantly, the judge notes that California’s ban on such firearms “has had no effect” on shootings in the state. “California’s experiment is a failure,” Judge Benitez says.

“There is not much wiggle room in the judge’s decision,” Gottlieb stated. “Today’s ruling is one more step in SAF’s mission to win back firearms freedom one lawsuit at a time.”

 
 

 

 

 

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Not unexpectedly:

 

9th Circuit Appeals Court blocks the overturn of California's assault weapons ban

(CNN) — The US 9th Circuit Court of Appeals has blocked a federal judge's controversial ruling that overturned California's longtime ban on assault weapons, in which he likened the AR-15 to a Swiss Army knife.

 

In an order Monday, a three-judge panel on the federal appeals court issued a stay of US District Judge Roger Benitez's order earlier this month that overturned California's three-decade old assault weapons ban.

 

The state's current assault weapons laws will remain in effect while further proceedings continue, California Attorney General Rob Bonta said in a statement on Twitter.

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Not unexpected at all.  That should set up a hearing from the full ninth district (which will also overturn the low court ruling) and then move the judges decision to the Supreme Court (if the SC will hear it).  The games go on.  OH

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Yep. It has to move its way up to the SC.  The 9th circus is not going to do gun owners any favors.

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