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.
A wood stock and a 5 round mag make it all safe and unscary again. :-) But, butler creek stock and a ‘banana clip’ make it a WMD. Why yes Virginia, these people really are assclowns.
These courts do not have nationwide jurisdiction.
I don’t know why anypne believes they do.
They don't even *pretend* to represent facts any more.
I call BS. Civilian AR-15 pattern rifles - aka modern sporting rifles - are significantly different from M-16 in one very important aspect - "select fire" or selective fire capability.
M16s have the capability to shoot semi-automatic, but they also have the ability to fire in burst (3 round) or full-auto mode. Civilian AR-15s are semi-automatic only.
I can hear the libtards out there right now - those with a modicum of firearms knowledge - saying to themselves "Yeah, but in virtually all other respects a civilian AR-15 is identical to a military M16..." Sure, you can play operator wanna-be and deck out your AR-15 to be just like what your favorite military branch/group uses, your favorite TV/movie action star, or the simulated one you have in COD...
But it still differs in that one very important (not indistinguishable) aspect: it is a semi-auto. If rate of fire is not an important discriminator, then why are there "bullet buttons"??? Why are there magazine capacity limits? Seems they have already acknowledged they'd like to limit rate of fire - so it must be an important characteristic of a firearm. That contradicts the claim that a semi-auto is "indistinguishable" from a full-auto or burst-capable firearm. You can't have it both ways Cali.
{Judge} Staton, extensively citing briefs in the case from anti-gun groups such as the Brady Center, Everytown and Giffords...
These rulings are based solely on propaganda from anti-Constitutional groups.
No real firearms experts input is allowed.
In addition to the lower receiver pin for the automatic sear, they also have a different hammer, disconnector, trigger, and selector lever. The bolt carrier has a different rear surface area to trip the auto sear.
The AR-15’s lower receiver is machined in such a way has to prevent the easy replacemment of automatic fire control group parts with semi-auto ones.
For the most part, except for the final stages of an assault, when attempting to obtain fire superiority, and firing final protective fires along final protective lines during a perimeter defense, semi-auto fire is generally superior to full auto fire from an individual non belt fed shoulder fired firearm.
Because they LOOK like a military rifle...
Idiocy.
‘Impeach all democrat judges. Impeach all democrat judges. Impeach all demo...”
We need to Alinsky this corrupt congress with nonstop calls for as strong an action on the other side as Nadler and his bunch are calling for against Trump.
If we do this enough, they’ll either stop the nonsense or make so many grievous political errors that they’ll never be in the majority again. We just haven’t fought them hard enough yet. Trump has shown us it can be done. But he can’t do it all alone.
She doesn’t seem to know very much about guns.
https://www.ocregister.com/2010/06/22/senate-sends-oc-judge-to-federal-bench/
I’m trying to imagine pulling the trigger on my AR 15 300+ times in a minute.
= = =
Do you stop to change mags? Or do you have a 300+ round magazine? And how much does it weigh, loaded?
You are a danger, citizen, just thinking those thoughts.
Rate of fire.
Jerry meets their rate, with a revolver. I can too with a revolver if I don’t aim.
So if their ‘rate of fire’ makes it an M-16, they are ignoramuses. But we know this already.
Tyranny
So then the ban on civilian ownership of M-16's is null and void?? Woo hoo!
Well, Judge Josephine Staton is functionally indistinguishable from a rutabaga, but the feral government seems able to send a check to the same one every month.
I have ten 30 round mags and can magically super speed swap them because I don't live in California where you need a permit to change a magazine.
You are a danger, citizen
High praise sir, thank you!
That’s an intentional misreading of Heller and will be struck down by the SCOTUS.
Yep, though actually all governments, not just the federales. And that is why they desperately want to outlaw them. They don't give a damn about murder victims and victims of crime. That's just smoke and mirrors.
They would outlaw rubber band guns if they thought people could use them to resist the government.
America doesn't need as many guns! I keep hearing this [expletive] thing that guns don't kill people, but people kill people. If that's the case, why do we give people guns when they go to war? Why not just send the people? In my case, when I was a child, if my father had a gun, I would have [expletive] used it. The temptation would have been too great.
“The 2nd amendment was designed to point a loaded military grade weapon at the federal government.”
That statement is incredibly radical. Was then. Is today. That is amusing to me.
someone must have modified what he said- saw it on pinterest-
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