Judge Rules California’s ‘Assault Weapons’ Ban
Unconstitutional
Breitbart,
by
AWR Hawkins
Original Article
Posted By: HeartlandPatriot,
6/5/2021 7:26:18 AM
California’s “assault weapons” ban was ruled unconstitutional Friday in the U.S. District Court for the Southern District of California.
The case, Miller v. Bonta, argued California’s ban on so-called “assault weapons” violated the Second Amendment.
Judge Roger T. Benitez, appointed by President George W. Bush, agreed with the plaintiff’s contention, ruling:
Reply 1 - Posted by:
bpl40 6/5/2021 7:40:28 AM (No. 806398)
Shall not be infringed. The English is pretty clear.
17 people like this.
Reply 2 - Posted by:
bigfatslob 6/5/2021 8:36:02 AM (No. 806433)
Judge Benitez just read the 2nd Amendment to the Constitution to a gathering of ignorants as stated in our founding. Who's the genius on the left to determine what's 'assault' and non-assault I'm happy the judge addressed that stupid nomenclature.
11 people like this.
Reply 3 - Posted by:
bighambone 6/5/2021 9:24:47 AM (No. 806485)
If Congress were to ban all modern semi-automatic handguns, rifles, and shotguns which is the real long-term objective of the leftist Democrat anti- firearms crowd, criminals and others who do not obey just about all laws would still retain their then unlawful (banned) firearms to use in criminal and terrorist activities, with most law abiding people having to turn in their semi-automatic firearms to keep from being transformed into a new mass criminal element across the country. That’s just common sense.
5 people like this.
Reply 4 - Posted by:
Mizz Fixxit 6/5/2021 10:36:23 AM (No. 806545)
Another source said, the California “assault weapons” ban went into effect in 1989.
2 people like this.
Reply 5 - Posted by:
Vaquero45 6/5/2021 10:37:38 AM (No. 806547)
It’s about time. This judge found his gonads, infused himself with some common sense, and did the right thing.
What part of “shall not be infringed” is unclear to these morons?
5 people like this.
Reply 6 - Posted by:
DVC 6/5/2021 10:59:45 AM (No. 806572)
This judge really gets at the truth of the matter. His ruling is particularly well and clearly reasoned, and directly based on the previous Supreme Court 2nd Amendment case of "Heller", which clarified the individual rights view of the 2nd Amendment. The ruling says:
“The [Heller] Court determined that the right to keep and bear arms is an individual right held by the people, and not limited by the prefatory clause — ‘a well regulated Militia’ " and the excellent "these prohibited guns, like all guns, can be used for ill or for good. They could just as well be called ‘home defense rifles’ or ‘anti-crime guns.’” That's a great point. The 'assault weapons' catcall is nothing but a shoddy propaganda ploy without any legitimacy.
This is a very good thing. And this could begin to drive a stake through the heart of any efforts to ban a wide swath of rifles, as the proposed "thug in charge" nominated to take over the already rogue agency, BATF, has said he intends to do.
Unfortunately, if past is an indicator, Cali will ask for a three judge panel to review it, and likely get it, and if they lose that, will ask for an enbanc hearing before the entire 9th Circus. And gun cases, even with some more sane judges put on the 9th by President Trump, have not fared well in this extremist, oft-overturned "Circus" of leftist judges.
And perhaps, this may eventually be heard by SCOTUS.
OTOH, the judge's really clear, tight reasoning and repeated references to the Heller case, MIGHT provide some proof against the 3-judge/enbanc legal slippery frippery, and perhaps it may stand.
2 people like this.
Reply 7 - Posted by:
hershey 6/5/2021 11:20:05 AM (No. 806594)
I guess this Judge read the 'Dick Act'...https://www.tri-cityherald.com/opinion/letters-to-the-editor/article32114427.html
0 people like this.
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The only hope for California is in the Judicial Branch. Courts are the only thing protecting freedom there.