Judge Overturns California’s Unconstitutional Ban On Assault Weapons

(RepublicanReport.org) – In 2021, US District Judge Roger Benitez of San Diego overturned an assault weapons ban in California passed in 1989, stating it violated the constitutional right to bear arms. California Governor Gavin Newsom (D) called the decision a “direct threat to public safety,” while state’s Attorney General Rob Bonta quickly appealed. The appeals court vacated Benitez’s decision, ordering the original judge to review the case again. Benitez recently arrived at another decision.

On October 19, NPR reported that the judge issued a nearly identical ruling to the one in 2021 — again overturning California’s assault weapons ban. Benitez said that while criminals largely choose AR-15 rifles and similar weapons for their crimes, that wasn’t reason enough to take them from law-abiding citizens who want to defend themselves. He gave the state 10 days to appeal to the 9th Circuit Court of Appeals, but Bonta didn’t need that long. He was ready.

Soon after the ruling, Bonta issued a press release noting that he appealed the decision — again. The AG told the public that the weapons ban would stay in effect as the matter made its way through the court. He said “weapons of war” don’t belong on the streets of California, promising to keep fighting to keep Californians “safe from firearms that cause mass casualties.” At the same time, he said he wanted to respect the Second Amendment.

This ruling isn’t the only weapons case Bonta is fighting in court — there are two more still making their way through the judicial system. The first was the judge’s decision about high-capacity magazines that can hold more than 10 bullets. The other ruling was regarding background check requirements for ammunition. On October 10, Bonta announced the 9th Circuit Court of Appeals granted a stay for the magazine case. The court said it believes the AG will win that legal matter. The ammunition case appeal is still pending.

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