Staff Reports
In a significant win for gun rights advocates, a federal court judge has invalidated California's ban on specific types of semi-automatic rifles, often referred to as "assault weapons." Judge Roger T. Benitez declared that the ban flagrantly infringes upon the Second Amendment, a decision that has sparked celebrations within the gun rights community. Although it is expected that the ruling will be appealed to the Ninth U.S. Court of Appeals, supporters of the Second Amendment are savoring this momentary triumph.
In response to the ruling, California Governor Gavin Newsom has expressed his unwavering commitment to pursuing stricter gun control measures. He accused Judge Benitez of jeopardizing the safety of children, families, and worshippers by opposing such legislation. The governor announced that Attorney General Rob Bonta would be filing an appeal of the ruling, signaling his determination to fight for what he believes will make California a safer state.
US District Court Judge Strikes Down California’s Gun Ban https://t.co/zytTqcQ3n9
— Michael Clements (@Michael14933498) October 20, 2023
In his extensive 79-page decision, Judge Benitez contended that the ban on specific rifles disregards previous court decisions that affirmed Americans' right to select their firearms for self-defense. He sharply criticized the state's rationale for the ban, which was based on the availability of alternative firearms, likening it to banning particular books simply because other books are available to read. The judge emphasized that the banned rifles are functionally no different from unrestricted rifles in terms of firing rate and that their selection for the ban was purely based on appearance.
Judge Benitez's ruling is consistent with Supreme Court decisions, including New York State Rifle and Pistol Association v. Bruen, which rejected the prior method of assessing the constitutionality of gun laws. The court ruled that adherence to the text of the Second Amendment and historical context is crucial in determining whether a law is constitutional. This reinforces the judge's position that the ban on "assault weapons" infringes on Americans' fundamental right to bear arms.
Gun rights organizations, including the Second Amendment Foundation, the San Diego County Gun Owners Political Action Committee, and the Firearms Policy Coalition, collaborated with citizens in bringing the case before the court. They welcome Judge Benitez's decision, asserting that California's ban on so-called "assault weapons" has always been unconstitutional.
Nevertheless, Governor Newsom remains resolute in his pursuit of stricter gun control measures. He has stated his intention to pursue a Constitutional amendment to enhance California's protection against gun violence, underscoring his dedication to safeguarding what he views as the right of Californians to protect themselves. The battle over gun control in California is far from over, and both sides of the debate are preparing for a prolonged and contentious legal struggle.
