California Ban On Assault Weapons Overturned

California Ban On Assault Weapons Overturned

California Ban On Assault Weapons Overturned

A federal judge in California this weekend has overturned the state's so-called "assault" weapons ban, which has been on the books for about thirty years, saying it violates the Second Amendment.

A judge in the U.S. District Court for the Southern District of California issued a ruling Friday that noted F-150 pickups are popular, but AR-15s are twice as popular.

"Under no level of heightened scrutiny can the law survive", he added.

The ruling and injunction are stayed for 30 days, during which time the attorney general may appeal and seek a stay from the Court of Appeals.

State Governor Gavin Newsom criticized the ruling, stating that it was a "direct threat to public safety and the lives of innocent Californians".

These gun owners say they want to use high-capacity magazines in their legal rifles or pistols but said doing so would be considered illegal under California law.

He also likened the AR-15 to a Swiss Army knife, describing both as 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).

"We're not backing down from this fight, and we'll continue pushing for common sense gun laws that will save lives", he said in a statement.

"Today's decision is fundamentally flawed, and we will be appealing it", Bonta said in a press release.

According to the court, there are 185,569 assault weapons registered in California alone, acquired or inherited before the restriction was introduced in 1989.

Mass shootings have also taken place in Florida, Indiana, California, Colorado and Georgia, in a surge in violence that President Joe Biden has branded an "epidemic". The state plans to appeal the ruling.

California isn't the only state to ban assault weapons.

Arguing the case before Friday's ruling, the plaintiffs" ruler George M Lee said: "The government can not ban the constitutionally-protected firearms at issue in this case.

The Golden State could see gun laws relaxed even more from next month, with Dillon also representing Matthew Jones and Thomas Furrh. "Those arms are unsafe and exclusively useful for military purposes", his ruling said.

"Even in California, despite being banned for 20 to 30 years, according to the State's own evidence, there are 185,569 "assault weapons" now registered with the California Department of Justice", he noted. "This is an average case about average guns used in average ways for average purposes". "The facts, however, do not support this hyperbole, and facts matter". Knives or cutting instruments accounted for 1,476 murders, rifles accounted for 364 murder victims, and "firearms, type not stated" accounted for 3,281 victims, the data shows.

In a preliminary ruling in September, Benitez said California's complicated legal definition of assault weapons can ensnare otherwise law-abiding gun owners with criminal penalties that among other things can strip them of their Second Amendment right to own firearms. But opponents argued retailers would just pass that cost onto consumers. Modifications like a shorter barrel or collapsible stock make them more concealable, state officials said, while things like a pistol grip or thumbhole grip make them more lethal by improving their accuracy as they are fired rapidly.

The lawsuit filed in August 2019 followed a series of deadly mass shootings nationwide involving military-style rifles.

Still, an AR-15 style rifle has been the weapon of choice for the most violent mass killings in modern history, including in a movie theater in Aurora, Colorado; the Tree of Life synagogue in Pittsburgh; the Route 91 Harvest musical festival in Las Vegas; a massacre at a church in Texas; the Pulse nightclub in Orlando; a high school in Parkland, Florida; and the Sandy Hook Elementary School in CT.

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