Federal Judge Roger Benitez Strikes Down California “Assault Weapons” Ban: AR-15 Is “Perfect Combination Of Home Defense Weapon & Homeland Defense Equipment”
In a constitutional ruling by Judge Roger Benitez of the US Southern District of California, the unlawful “assault weapons” ban by California was struck down, but even more than that, the judge made it a point that the AR-15 style rifle is both a “perfect combination of home defense weapon and homeland defense equipment.”
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Harold Hutchison writes at Guns in the News:
Judge Benitez has made excellent use of the facts about rifles in general and their lack of use in crime. He also has used the clear textual standard from the Heller ruling – something that Second Amendment supporters should take note of:
If a firearm is commonly used for lawful purposes, it is protected under the Second Amendment.
In his ruling, he cited that the production of modern multi-purpose semi-automatic rifles is twice that of the Ford F-150 pickup truck – a similar comparison was made to the Chevy Suburban sport-utility vehicle when the way FBI crime data blew up Beto’s gun-ban plan was discussed. Now, that is pretty darn common, don’t you think?
Judge Benitez also noted the FBI’s crime data in his ruling, using the 2019 Uniform Crime reports information for California. Here’s what the data showed: Rifles of all types – not just the AR-15 – were involved in 34 killings in that state. Knives were used in 252. Meanwhile, the modern multi-purpose semiautomatic firearms are being used for a wide variety of lawful purposes, like hunting, three-gun matches and other competitions, not to mention target shooting and informal plinking.
Then of course, there is the matter of self-defense. AmmoLand News has covered cases where the AR-15 – or some variant – was used in self-defense or to help protect others multiple times. This was, as loyal Ammoland readers should remember, the purpose cited by the plaintiffs in Heller.
There’s more, though: Benitez also touched on the Supreme Court’s unanimous Caetano v. Massachusetts ruling as well, but he pulled off a double play. First, he used it on the obvious grounds that advancing technology did not negate Second Amendment protection, but he also noted that with a mere 200,000 stun guns, the Supreme Court declared they were in common use.
If 200,000 is enough to meet the standard of being in common use, then the nearly 20 million modern multi-purpose semiautomatic rifles are clearly worthy of protection on the textual basis of Heller – and anti-Second Amendment extremists know it!
Here’s the ruling.
Of course the recalled tyrant, Governor Gavin Newsom, is blaming the ruling as a “public threat to safety.”
Overturning CA’s assault weapon ban and comparing an AR-15 to a SWISS ARMY KNIFE is a disgusting slap in the face to those who have lost loved ones to gun violence.
This is a direct threat to public safety and innocent Californians. We won’t stand for it. https://t.co/feL5BABTXa
— Gavin Newsom (@GavinNewsom) June 5, 2021
Meanwhile, California Attorney General Rob Bonta is vowing to fight the ruling because he’s a criminal and doesn’t want to be held accountable for his lawlessness either.
Weapons of war don’t belong on our streets.
Las Vegas: AR-15
Sandy Hook: AR-15
We will fight this ruling. https://t.co/iHsTXrYcu8
— Rob Bonta (@RobBonta) June 5, 2021
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Except in the hands of agents of the state, right Mr. Bonta? Nevermind that California police departments have a plethora of AR-15 style rifles, but hey, I’m just pointing out the obvious. Bonta wants tyrants to have weapons of war on the streets to keep the citizens they are supposed to serve in line while stripping the people of not only their God-given rights, but also their ability to stop the current tyranny taking place in California.
While some talk of “packing the courts,” the reality is that the people need to start impeaching judges who are conducting themselves in bad behavior (Article III, Section 1) and then prosecute them (Article I, Section 3). That will take care of any court packing but it will take the initiative of the people to do their duty and enforce the law.
Article posted with permission from Sons of Liberty Media