{"id":1165,"date":"2021-06-06T14:02:39","date_gmt":"2021-06-06T19:02:39","guid":{"rendered":"https:\/\/louisianashooting.com\/?p=1165"},"modified":"2022-01-20T23:10:40","modified_gmt":"2022-01-21T05:10:40","slug":"california-assault-weapon-ban-ruled-unconstitutional","status":"publish","type":"post","link":"https:\/\/louisianashooting.com\/california-assault-weapon-ban-ruled-unconstitutional\/","title":{"rendered":"California “Assault Weapon” Ban Ruled Unconstitutional"},"content":{"rendered":"

U.S. District Court Judge Roger T. Benitez declared California’s statutes regarding so called “Assault Weapons” to be unconstitutional. In a significant ruling in the case Miller v. Bonta,<\/a> which was filed by a coalition of pro-Civil Rights groups including the Second Amendment Foundation (SAF), 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, Judge Benitez\u00a0 shredded California gun control laws regarding modern semi-automatic rifles in a 94-page ruling.<\/p>\n

Executive Vice President of the SAF, Alan M. Gottlieb said, \u201cIt is clear the judge did his homework on this ruling, and we are delighted with the outcome.\u201d In his opening paragraph, Judge Benitez observes, \u201cLike 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.<\/strong>\u201d<\/p>\n

Later in the ruling, Judge Benitez observes, \u201cThe Second Amendment protects modern weapons.\u201d A few pages later, he adds, \u201cModern rifles are popular. Modern rifles are legal to build, buy, and own under federal law and the laws of 45 states.\u201d Perhaps most importantly, the judge notes that California\u2019s ban on such firearms \u201chas had no effect\u201d on shootings in the state. \u201cCalifornia\u2019s experiment is a failure,\u201d Judge Benitez says.<\/p>\n

\u201cUnder no level of heightened scrutiny can the law survive,\u201d Judge Benitez said. He issued a permanent injunction against enforcement of the law but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal. Not surprisingly, California Gov. Gavin Newsom condemned the decision, calling it \u201ca direct threat to public safety and the lives of innocent Californians, period.\u201d On the judge’s comparison of the AR-15 to the Swiss Army Knife, the Governor said it \u201ccompletely undermines the credibility of this decision and is a slap in the face to the families who\u2019ve lost loved ones to this weapon. We\u2019re not backing down from this fight, and we\u2019ll continue pushing for common sense gun laws that will save lives.\u201d<\/p>\n

Of course, the Governor completely ignores the statistics that demonstrate that very few people are killed by any long gun, much less AR-15s, because of this, people should be allowed to buy at the Best gun store Canada<\/a>. Californians are 7-times more likely to die from a knife than from any rifle and are three times as likely to die from hands or feet. In 2019, California saw 252 people murdered with a knife, while 34 people were killed with some type of rifle – not necessarily an AR15.<\/p>\n

Of course, “common sense” has never had anything to do with California’s gun laws.<\/p>\n","protected":false},"excerpt":{"rendered":"

U.S. District Court Judge Roger T. Benitez declared California’s statutes regarding so called “Assault Weapons” to be unconstitutional. In a significant ruling in the case Miller v. Bonta, which was filed by a coalition of pro-Civil Rights groups including the Second Amendment Foundation (SAF), the [Read More]<\/a><\/span><\/p>\n","protected":false},"author":3558,"featured_media":1167,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23],"tags":[],"_links":{"self":[{"href":"https:\/\/louisianashooting.com\/wp-json\/wp\/v2\/posts\/1165"}],"collection":[{"href":"https:\/\/louisianashooting.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/louisianashooting.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/louisianashooting.com\/wp-json\/wp\/v2\/users\/3558"}],"replies":[{"embeddable":true,"href":"https:\/\/louisianashooting.com\/wp-json\/wp\/v2\/comments?post=1165"}],"version-history":[{"count":5,"href":"https:\/\/louisianashooting.com\/wp-json\/wp\/v2\/posts\/1165\/revisions"}],"predecessor-version":[{"id":1304,"href":"https:\/\/louisianashooting.com\/wp-json\/wp\/v2\/posts\/1165\/revisions\/1304"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/louisianashooting.com\/wp-json\/wp\/v2\/media\/1167"}],"wp:attachment":[{"href":"https:\/\/louisianashooting.com\/wp-json\/wp\/v2\/media?parent=1165"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/louisianashooting.com\/wp-json\/wp\/v2\/categories?post=1165"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/louisianashooting.com\/wp-json\/wp\/v2\/tags?post=1165"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}