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Federal Judge Strikes Down 'Unconstitutional' Assault Weapons Ban in California
NN ^ | 06-05-21 | Jay Greenberg

Posted on 06/05/2021 10:25:16 AM PDT by McQ444

A federal judge has struck down California’s controversial “assault weapons” ban, ruling late on Friday that the move is "unconstitutional." “This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection,” Judge Roger T. Benitez of the Southern District of California wrote.

(Excerpt) Read more at nnettle.com ...


TOPICS: Local News; Miscellaneous
KEYWORDS: 2ndamendment; 5pt56; 5ththread; 9thcircuit; ar15; banglist; benitez; blogpimp; bot; braking; california; clickbait; donatetofr; dubyajudge; guncontrol; guns; haveyoudonatedtofr; ninthcircuit; oldnews; pennsylvania; pimpmylameblog; postedalready; pt223; rehash; rogerbenitez; rogertbenitez; sdcalifornia; secondamendent; secondamendment; yesterdaysnews; zeroclicksforyou; zotthisbot

1 posted on 06/05/2021 10:25:16 AM PDT by McQ444
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Does anyone know if a federal judge struck down an 'unconstitutional' assault weapons ban in California?  thinking face
2 posted on 06/05/2021 10:27:01 AM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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https://freerepublic.com/focus/f-news/3965259/posts
https://freerepublic.com/focus/f-news/3965173/posts
https://freerepublic.com/focus/f-news/3965157/posts
https://freerepublic.com/focus/f-news/3965148/posts


3 posted on 06/05/2021 10:32:56 AM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: McQ444
extraordinary weapons lying at the outer limits of Second Amendment protection

Good on the judge, but I'll just point out that the right shall not be infringed. There is no nuance. There are no outer limits. There is nothing extraordinary. But, I suppose, any win is a gain.

4 posted on 06/05/2021 10:33:41 AM PDT by ClearCase_guy ("I see you did something -- why you so racist?")
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To: McQ444; walkingdead
freeper walkingdead had one of the best observations on this:

The judge put a 30 day stay on this waiting for the AG to respond. So no fully featured AR’s ect right now.

In 30 days, if nothing is done, then CA’s AW ban is gone and all is legal.

I believe the idea is to help get this to the supremes. Essentially all the commies do not want these cases going to the supreme court of USA. They will appeal to 9th if they think they can win there.

But if they do, then we have different circuits with opposing rulings, which would mean USA supremes need to address. Again this is not what they want.

These next 30 days will tell the tale.

https://freerepublic.com/focus/f-news/3965259/posts?page=28#28

5 posted on 06/05/2021 10:36:03 AM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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6 posted on 06/05/2021 10:53:43 AM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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To: SunkenCiv; McQ444

7 posted on 06/05/2021 11:09:27 AM PDT by 4Liberty (Honest GOP can't use legal means because Dems use illegal ones (threats). The Robert Creamer Party! )
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To: 4Liberty
Since each thing politicians do is done in order to get another boot on all our necks, sounds like they're not idiots at all.

8 posted on 06/05/2021 11:12:51 AM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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To: McQ444

McQ444, you’re one of the few Hit and Run spammers left. The rest have mostly quit or been zotted. In the words of Chris Rock, “What are you, a Betamax?”

There is a FReepathon going on!

When you’re not posting clickbait, how about a donation?

This is the FreeRepublic “Post and Run” Ping List. The FR “Post and Run” Ping List is comprised of folks who post clickbait threads and then rarely if ever reply to posts.

“Post and Run” Ping list members: Your donations are needed during this FR Fund Raiser. FR members pay for you to post your hit and run threads for free. Your donations are needed to pay back FR members who pay for your free use of FR bandwidth.

Please donate here.

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To be removed from this list, reply to this post.


9 posted on 06/05/2021 2:24:59 PM PDT by Larry Lucido (Donate! Don't just post clickbait!)
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To: McQ444

McQ444, over here:

Woo hoo!! Closing in on the YELLOW!! Let’s get ‘er done. [FReepathon LXV]

https://freerepublic.com/focus/f-news/3965021/posts


10 posted on 06/05/2021 2:25:29 PM PDT by Larry Lucido (Donate! Don't just post clickbait!)
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To: McQ444

Post the whole thing! Your blog didn’t write it.

*********

A federal judge has struck down California’s controversial “assault weapons” ban, ruling late on Friday that the move is “unconstitutional.”

“This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection,” Judge Roger T. Benitez of the Southern District of California wrote.

“The banned ‘assault weapons’ are not bazookas, howitzers, or machineguns.

“Those arms are dangerous and solely useful for military purposes.

“Instead, the firearms deemed ‘assault weapons’ are fairly ordinary, popular, modern rifles,” Judge Benitez warned.

“This is an average case about average guns used in average ways for average purposes.”

Have your say - ⇓ Hit the comments below ⇓

judge roger t benitez said the firearms deemed assault weapons are fairly ordinary popular modern rifles
© press

Judge Roger T. Benitez said ‘the firearms deemed ‘assault weapons’ are fairly ordinary, popular, modern rifles’

“One is to be forgiven if one is persuaded by news media and others that the nation is awash with murderous AR-15 assault rifles,” Benitez continued.

“The facts, however, do not support this hyperbole, and facts matter.

TRENDING: Ex Oklahoma University Volleyball Player Sues for Being Dropped Over Political Views

“Federal Bureau of Investigation murder statistics do not track assault rifles, but they do show that killing by knife attack is far more common than murder by any kind of rifle.

“In California, murder by knife occurs seven times more often than murder by rifle.

“For example, according to F.B.I. statistics for 2019, California saw 252 people murdered with a knife, while 34 people were killed with some type of rifle – not necessarily an AR-15.

“A Californian is three times more likely to be murdered by an attacker’s bare hands, fists, or feet, than by his rifle.

“In 2018, the statistics were even more lopsided as California saw only 24 murders by some type of rifle.

“The same pattern can be observed across the nation.”

The ruling was the result of a 2019 lawsuit filed by the Firearms Policy Coalition (FPC) to challenge California’s Assault Weapons Control Act (AWCA), which banned popular semiautomatic firearms, according to The Daily Wire.

As noted by FPC, the order included an injunction against “Defendant Attorney General Rob Bonta, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know of the existence of this injunction order,” preventing them “from implementing or enforcing” the following:
•California Penal Code §§ 30515(a)(1) through (8) (defining an “assault weapon” by prohibited features);
•§ 30800 (deeming those “assault weapons” a public nuisance);
•§ 30915 (regulating those “assault weapons” obtained by bequest or inheritance);
•§ 30925 (restricting importation of those “assault weapons” by new residents);
•§ 30945 (restricting use of those registered “assault weapons”) ;
•§30950 (prohibiting possession of those “assault weapons” by minors); and,
•the penalty provisions §§ 30600, 30605 and 30800 as applied to “assault weapons” defined in Code §§ 30515(a)(1) through (8).

“In his order today, Judge Benitez held what millions of Americans already know to be true: Bans on so-called ‘assault weapons’ are unconstitutional and cannot stand,” FPC President Brandon Combs said.

“This historic victory for individual liberty is just the beginning, and FPC will continue to aggressively challenge these laws throughout the United States.

“We look forward to continuing this challenge at the Ninth Circuit and, should it be necessary, the Supreme Court.”

judge benitez slammed california democrats for infringing citizens second amendment rights
© press

Judge Benitez slammed California Democrats for infringing citizens’ Second Amendment rights

Benitez slammed the state of California, which is run by Democrats, for infringing on Americans’ constitutionally protected rights.

“You might not know it, but this case is about what should be a muscular constitutional right and whether a state can force a gun policy choice that impinges on that right with a 30-year-old failed experiment,” Benitez wrote.

“It should be an easy question and answer.

“Government is not free to impose its own new policy choices on American citizens where Constitutional rights are concerned.”

“California may certainly conceive of a policy that a modern rifle is dangerous in the hands of a criminal and that therefore it is good public policy to keep modern rifles out of the hands of every citizen,” Benitez continued.

“The Second Amendment stands as a shield from government imposition of that policy.

“There is only one policy enshrined in the Bill of Rights.

“Guns and ammunition in the hands of criminals, tyrants, and terrorists are dangerous; guns in the hands of law-abiding responsible citizens are better.

“To give full life to the core right of self-defense, every law-abiding responsible individual citizen has a constitutionally protected right to keep and bear firearms commonly owned and kept for lawful purposes.”


11 posted on 06/05/2021 2:27:06 PM PDT by Larry Lucido (Donate! Don't just post clickbait!)
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