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.
This was overall a terribly flawed decision (court not made aware of "sawed off shotgun" use by military and there was no defense presented to name a few). I doubt the bi... er I mean judge in the California case was even aware of this or if so then deliberately ignored it. For the full story see US v Miller
1962...”WE don’t want to take your guns away, we ONLY want to register HANDGUNS! Rifles will not be affected!”
1971..”We only want to ban all handguns! Rifles will not be affected!”
1981...Actress Lee Grant, screaming on Good Morning America..”THE NRA IS A RIFLE ORGANIZATION! THEY SHOULD GIVE UP THEIR HANDGUNS AND THEY CAN KEEP THEIR RIFLES!”
1988... Josh Sugarmann wrote his diatribe against semi-auto RIFLES.
Then all the news media jumped on the BANN-d WAGON and called for them to be banned.
The fight continues.
You can sum up libtards in three words.
BAN THE CONSTITUTION!
Like Ozzy Osbourne said “IF Guns kill people, why do we send soldiers to war? Why not just send the guns?”
This politically motivated sorry excuse for a judge is certifiable.
Precisely. The Left manipulate language and law to accomodate their own ideas. The notion of self defense against criminal ne'er-do-well types is a modern concept. Self armed militia served as the first line of defense: against Indians, against the Spanish, and eventually, against the Military Forces of George III sent to the Colonies to suppress the people.
Patrick Henry could have never given his "Give me Liberty or Give me Death" speech in 1775 if Virginia did not have a viable body of citizens ready to wage war. For it was war that he had in mind, not defense against lawbreakers.
[[saying they were “essentially indistinguishable from M-16s.”]]
So what? The whole purpose of arming civilians is for self defense from enemies both domestic and foreign- why the hell shouldn’t we have guns that actually function as well as our enemies? Here- let’s educate the judge!:
“A free people ought not only to be armed, but disciplined...”
- George Washington, First Annual Address, to both House of Congress, January 8, 1790
“No free man shall ever be debarred the use of arms.”
- Thomas Jefferson, Virginia Constitution, Draft 1, 1776
“I prefer dangerous freedom over peaceful slavery.”
- Thomas Jefferson, letter to James Madison, January 30, 1787
“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.”
- Thomas Jefferson, letter to James Madison, December 20, 1787
“The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes.... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.”
- Thomas Jefferson, Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774-1776
“A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks.” - Thomas Jefferson, letter to Peter Carr, August 19, 1785
“The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed.”
- Thomas Jefferson, letter to to John Cartwright, 5 June 1824
“On every occasion [of Constitutional interpretation] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying [to force] what meaning may be squeezed out of the text, or invented against it, [instead let us] conform to the probable one in which it was passed.”
- Thomas Jefferson, letter to William Johnson, 12 June 1823
“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”
- Benjamin Franklin, Historical Review of Pennsylvania, 1759
“To disarm the people...[i]s the most effectual way to enslave them.”
- George Mason, referencing advice given to the British Parliament by Pennsylvania governor Sir William Keith, The Debates in the Several State Conventions on the Adooption of the Federal Constitution, June 14, 1788
“I ask who are the militia? They consist now of the whole people, except a few public officers.”
- George Mason, Address to the Virginia Ratifying Convention, June 4, 1788
“Before a standing army can rule, the people must be disarmed, as they are in almost every country in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops.”
- Noah Webster, An Examination of the Leading Principles of the Federal Constitution, October 10, 1787
“Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.”
- James Madison, Federalist No. 46, January 29, 1788
“The right of the people to keep and bear arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country.”
- James Madison, I Annals of Congress 434, June 8, 1789
“A militia when properly formed are in fact the people themselves…and include, according to the past and general usuage of the states, all men capable of bearing arms… “To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them.”
- Richard Henry Lee, Federal Farmer No. 18, January 25, 1788
“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined.... The great object is that every man be armed. Everyone who is able might have a gun.”
- Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778
“This may be considered as the true palladium of liberty.... The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.”
- St. George Tucker, Blackstone’s Commentaries on the Laws of England, 1803
” The balance ofpower is the scale of peace. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside. And while a single nation refuses to lay them down, it is proper that all should keep them up. Horrid mischief would ensue were one-half the world deprived of the use of them; for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong. The history of every age and nation establishes these truths, and facts need but little arguments when they prove themselves.”
- Thomas Paine, “Thoughts on Defensive War” in Pennsylvania Magazine, July 1775
“The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms.”
- Samuel Adams, Massachusetts Ratifying Convention, 1788
“The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.”
- Joseph Story, Commentaries on the Constitution of the United States, 1833
“What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty .... Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins.”
- Rep. Elbridge Gerry of Massachusetts, I Annals of Congress 750, August 17, 1789
“For it is a truth, which the experience of ages has attested, that the people are always most in danger when the means of injuring their rights are in the possession of those of whom they entertain the least suspicion.”
- Alexander Hamilton, Federalist No. 25, December 21, 1787
“If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state. In a single state, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or districts of which it consists, having no distinct government in each, can take no regular measures for defense. The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair.”
- Alexander Hamilton, Federalist No. 28
https://www.buckeyefirearms.org/gun-quotations-founding-fathers
There are so many errors in this ruling it’s laughable. It starts with “semi-automatic assault rifle”, which by definition doesn’t exist. Semi-automatics are never assault rifles.
Yep and Ed McGivern in the 1930s, 5 rounds in 2/5 of a second with a revolver.
[[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,”]]
What the hell?! OF COURSE they are in common use as self defense weapons! Just because we aren’t out every day defending ourselves does not mean the purpose of the gun isn’t for self defense!
You watch- California, and many other states are gonna follow the lead of NY and their unconstitutional ‘assault weapons’ ban, where NY cited “Imminent Need” in the wake of gun violence by twisted individual - NY rammed that unconstitutional crap through in the dead of night- implying that the need to do so was so great that they didn’t have to allow voters to vote on it- NO stats have come forth showing whether deaths by ‘assault weapons’ was reduced in the state or not- NOT that that would even matter- because by the constitution, we are allowed to have weapons for our own self defense or hunting, or recreation etc- it’s an inalienable right, which the constitution simply agrees with!
Holy machine guns, Bbatman, did she really say M-16?
correct- but assault rifles can double as semi-automatics- however a strict semi-automatic can NOT double as an assault rifle unless someone modifies it to do so- which is illegal
WTF does that mean?
The only thing worse than a bad judge like this is a nasty bad judge whore with a nasty case of multiple STD's. Looks like she won the trifecta. Or so I hear. No personal experience of course.
I’d rather have Leftist judges than RINOs in the Senate.
No I’m not being serious here, but there are a number of FReepers who all but say just that (when they turn their backs on voting for RINOs over Democrats).
That would be laughable if it wasn’t so disgusting. I’m trying to imagine pulling the trigger on my AR 15 300+ times in a minute. It is incredible how ignorant these legislators and judges are. And when they’re not ignorant they lie.
So-called Judge Josephine Staton is, of course, an Obama Judge. The evil witch has no respect for the rule of law and only issues decrees based on her feelings or the whisperings of the far-left media. The same superficial logic could classify all men (and all women) as rapists because we are all indistinguishable from rapists - unless you look at what we actually do. This totalitarian socialist disgusts me.
M16s have an extra pin on the lower receiver for one. The design and development of these rifles were civilian before they were adopted by the military.
What is your point?
Man on the street indistinguishable from Jerry Micheluk?
She’s not an evil witch.
She’s a stupid little girl, an affirmative action Harvard lawyer from an itty bitty liberal arts school in central Missouri.
That’s why the opinion is so absurd. It was written by a weepy woman using shoddy, third rate illogic.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.