Federal Judge Rules Against Assault Weapons Ban

Federal Judge Rules Against Assault Weapons Ban

(RepublicanPress.org) – In June 2021, US District Judge Roger Benitez of San Diego overturned a California assault weapons ban from 1989, claiming it violated the Second Amendment. California Governor Gavin Newsom called the decision a “direct threat to public safety.” The state’s Attorney General Rob Bonta quickly appealed the ruling, and an appeals court vacated Benitez’s decision. That court then ordered the original judge to review the case again. He recently came back with another decision.

On October 19, NPR reported that Benitez issued nearly the same ruling he did in 2021, overturning California’s assault weapons ban. While he recognized that AR-15 rifles and the like are a common choice for criminals, that wasn’t reason enough to take them out of the hands of law-abiding citizens. Similar to the last time he made this decision, he gave the state 10 days to appeal to the 9th Circuit Court of Appeals. However, Bonta didn’t need that long.

Shortly after the ruling, the California AG issued a press release stating he appealed the ruling. Bonta also made it clear that the weapons ban will stay in effect as the issue makes its way through the court. He said “weapons of war” don’t belong on the streets of the Golden State and vowed to keep fighting to keep California residents “safe from firearms that cause mass casualties.” The attorney general also said he wanted to respect the people’s right to bear arms.

The state also has two other appeals against previous Benitez rulings, both involving guns. The first was his decision regarding magazines that can hold more than 10 bullets, and the other ruling was about background checks for ammunition. On October 10, Bonta announced he won a stay in the large-capacity magazine case from the 9th Circuit Court of Appeals. The court said it believes the AG will prevail in that case. The status of the ammunition case is unclear.

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