Posted on 07/28/2019 7:50:17 AM PDT by PROCON
Guns commonly available on the consumer market in 43 states are banned for ownership in California, a prohibition upheld this week by a federal judge (Photo: Chris Eger/Guns.com)
A federal judge this week upheld California’s ban on many popular semi-auto firearms, saying they were “essentially indistinguishable from M-16s.”
The order, in a case brought by several gun owners in 2017 seeking to declare California’s “assault weapon” ban unconstitutional, saw U.S. District Judge Josephine Staton side with the state’s point of view. Staton, extensively citing briefs in the case from anti-gun groups such as the Brady Center, Everytown and Giffords, found that semi-autos banned either by name or cosmetic features such as collapsible stocks or muzzle brakes were basically military-grade hardware.
“Because the Court concludes that semiautomatic assault rifles are essentially indistinguishable from M-16s, which Heller noted could be banned pursuant to longstanding prohibitions on dangerous and usual weapons, the Court need not reach the question of whether semiautomatic rifles are excluded from the Second Amendment because they are not in common use for lawful purposes like self-defense,” said Staton, an appointment by President Obama. Prior to stepping up to the federal bench, Staton was a lawyer in private practice in San Francisco and a California Superior Court judge appointed by Gov. Gray Davis just before he was recalled.
Staton also quoted that the rate of fire of such guns, listed in the order as “300 to 500 round per minute rate” makes semiautomatic rifles “virtually indistinguishable in practical effect from machineguns.”
Not cited in Staton’s order was research filed in the case from the National Shooting Sports Foundation that no less than 15 million modern sporting rifles were built or imported between 1990 and 2015 and some 93 percent of gun retailers surveyed sold such firearms. The trade group has long held the guns are among the most popular in the country and have been sold on the commercial market since at least the 1960s.
The case is likely to be appealed further to the U.S. 9th Circuit, which is currently undergoing a shift in polarity in the wake of at least six new judges appointed by President Trump in recent months, over the howls of California’s delegation to the U.S. Senate, Democrats Kamala Harris and Dianne Feinstein. Feinstein notably organized the now-expired federal assault weapon ban while Harris, during her stint as California’s Attorney General, enforced the state’s AWB.
California is one of only seven states to have such bans.
...the Court need not reach the question of whether semiautomatic rifles are excluded from the Second Amendment because they are not in common use for lawful purposes like self-defense,” said Staton, an appointment by President Obama.
Complete BS, thanks again for your legacy judges, Obama.
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The answer should be to drop the 1934 NFA.
“300 to 500 round per minute rate”
= = =
So 5 rounds in one second is a rate of 300 rounds per minute?
Jerry Miculek - 8 rounds in one second (480 per minute), from a Revolver!
Indistinguishable from an M-16.
I just got my mini-14 repaired, it looks really scary to a commie libtard.
“U.S. 9th Circuit, which is currently undergoing a shift in polarity”
The rats still hold a 8-9 seat advantage. As we’ve seen a 1 vote advantage is as good as a 100.
Ah crap, I just lost it in the lake.
She's going to be running the country from her courtroom for decades.
Surprised she didn't issue a planet-wide injunction confiscating everyone's guns.
Good. I say totally confiscate all guns in California. When we invade and liberate the state the commie insurgents there will be under armed.
That was about slyly inserting the notion and topic into the discussion that Semi-Autos are bad and was one of the first steps they took to start demozing them.
I say that if the House doesn’t impeach these black robed tyrants, the next course of action is we the people string them up on lampposts.
Yes FBI, you know where I live.
5.56mm
That opportunity has passed.
Gun owners did their part to ensure a Republican President, Senate, and House and the only thanks we got was a bumpstock ban.
They do, I got a visit 4 years ago. Some dumbshit in AZ thought it would be funny.
To a liberal/progressive/your typical dork, appearance is everything.
And to a liberal/progressive “judge”, well, nothing more need be said.
” She’s going to be running the country from her courtroom for decades. Surprised she didn’t issue a planet-wide injunction confiscating everyone’s guns.”
Sooner or later, ignorant s***ts” and “Dorkboys” will do just that.
Then the fun starts.
The purpose of the 2nd amendment is expressly warfare. The 2nd amendment was designed to point a loaded military grade weapon at the federal government.
I’ve had liberals say this. It is all about what other people think.
We’re not getting much.
I’d say the judge was an idiot but the ruling is straight down the communist line. This so-called judge needs to be removed ASAP! How to start impeachment now, or?
I’d say the judge was an idiot but the ruling is straight down the communist line. This so-called judge needs to be removed ASAP! How to start impeachment now, or?
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