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9th Circuit court strikes down CA assault weapons ban


Second Amendment FoundationThe 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.

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.

Predictably, the 9th Circus has already overruled this. The Supreme Court has yet to speak.

This entry was published Wed Jul 14 23:21:50 CDT 2021 by TriggerFinger and last updated 2021-07-14 23:21:50.0. [Tweet]

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