US Federal Judge Overturns a 32-Year Old Assault Weapons Ban in California
In a landmark decision, a US Federal judge overturns a 32-year old ban on assault weapons in California, leaving local gun owners and enthusiasts excited at the prospect of being able to express their constitutional rights once again in the state.
According to the presiding judge, the ban was a “failed experiment”, while state governor Gavin Newsom called the ruling a “direct threat to public safety.”
A Ban Dating Back to 1989
The assault weapon ban (now overturned) dated all the way back to 1989. Once on the books, it remained largely unchallenged. That was until a 2019 suit, brought against the state’s own attorney general by both the San Diego County Gun Owners political action committee and California resident James Miller, alleged that the ban was unconstitutional. Turns out, judge Roger T. Benitez of the U.S. District Court of the Southern District of California agreed. According to Judge Benitez, the portion of California’s penal code defining assault weapons and associated restrictions was “hereby declared unconstitutional and shall be enjoyed.”
This move marked a major win for gun owners, enthusiast, gun shops and supporters of the second amendment.
The Judge’s Thoughts on the Matter
According to Judge Benitez, “It should be an easy question and answer”…”Government is not free to impose its own new policy choices on American citizens where constitutional rights are concerned.”
The judge further went on to explain that the firearms banned under the now-defunct law were “…not bazookas, howitzers or machine guns” no, they are “fairly ordinary, popular, modern rifles.”
Not so Fast: a 30-day Stay Ordered
But that doesn’t mean that California residents can run right out and buy an assault rifle. As with most things related to the court, they take time to go into effect. At the request of Attorney General Rob Bonta, a 30-day stay of the ruling was granted.
This gives the state’s attorney the right to appeal the ruling, an action we presume he’ll take.
A Major ‘Win’ For California Gun Rights Advocates
Many advocates see this as a major victory and a positive move for the state. Known for its oppressive and sometimes absurd weapons laws, this court’s findings may mark what will be a major milestone in the fight to uphold the constitutional right to bear arms in the state.
Unwarranted Caution and Fearmongering
Those opposed to the ruling have long shouted from rooftops about the dangers of assault weapons and the potential devastation they can cause.
While we understand the caution, given the rising tensions across America and the number of gun-related crimes, we also turn to the experts for data that tells a very different tale.
According to a representative from the Palm Springs Police Department, there have only been a total of seven (7) assault weapon arrests since 2018. Not exactly a crime wave.
Lieutenant Hutchinson of the Palm Springs Police Department went on to say that, “The majority are handguns. They’re going to be some type of handgun used in your street robberies in your home invasions. Sometimes there are no weapons at all, but in terms of assault weapons it’s not a very frequent issue.”
BulletProof Supply Store Weighs In
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