A federal court judge has struck down California’s ban on certain types of semi-automatic rifles, ruling that it is an unconstitutional violation of the Second Amendment. Gun rights groups are celebrating the decision, although they are aware that the fight is far from over. The ruling by Judge Roger T. Benitez is expected to be appealed to the Ninth U.S. Court of Appeals in San Francisco.
US District Court Judge Strikes Down California’s Gun Ban
Federal court rules that ban on certain types of semi-automatic rifles over other rifles is akin to banning some books because there are other books to read.https://t.co/Z0g2b9c4Uk
— The Epoch Times (@EpochTimes) October 20, 2023
California Governor Gavin Newsom, however, is not deterred and remains committed to pushing for stricter gun control measures. In a statement, he criticized Judge Benitez, claiming that his ruling will make it more dangerous for children to go to school and for families to visit public places. Newsom plans to work with Attorney General Rob Bonta to fight the ruling and ensure the safety of California residents.
Judge Benitez’s 79-page decision argues that the California law disregarded previous court rulings that affirmed Americans’ right to choose what firearms they can use for self-defense. He points out that the banned rifles have similar characteristics and functionalities to rifles that are not banned, and the decision to ban them was based solely on their appearance. Benitez states that it is not permissible for a state to ban certain items simply because alternatives exist. He cites Supreme Court decisions that support the idea that the Second Amendment protects individuals’ right to own and carry firearms for self-protection.
Gun rights organizations, including the Second Amendment Foundation, have praised Judge Benitez’s ruling. They argue that California’s ban on “assault weapons” has always been unconstitutional. They also highlight a previous Supreme Court ruling that rejected the concept of “interest balancing” when it comes to Second Amendment challenges.
Governor Newsom, however, remains determined to defend his stance on gun control and has even called for a Constitutional amendment. Despite the court ruling, it seems that the battle over gun control in California is far from over.