Skip to comments.California Assault Weapon Ban Struck Down
Posted on 06/04/2021 7:05:57 PM PDT by TexasGurl24
Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939). Yet, the State of California makes it a crime to have an AR- 15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional. Plaintiffs challenge a net of interlocking statutes which impose strict criminal restrictions on firearms that fall under California’s complex definition of the ignominious “assault weapon.” Hearings on a preliminary injunction were consolidated with a trial on the merits pursuant to F.R.C.P. Rule 65(a)(2). Having considered the evidence, the Court issues these findings of fact and conclusions of law,1 finds for the Plaintiffs, and enters Judgment accordingly.
Buy ‘em quick before the injunction!
WONderful judge. WONderful opinion.
It really is. He systematically destroys the libtard talking points piece by piece.
We have a certain troll here on FR who will be deeply saddened by this opinion.
You thought ARs were expensive last month? Wait till the orders from CA hit.
Compared to a 30.06, 303, or 8mm the 223 is really a small round and much safer to shoot. Not sure what the over reaction to them is other then they don’t want any guns.
Judge Benitez is AWESOME. Sadly, the 9th Circus will reverse this. I expect this ruling to last about a week or two. With a 6-3 majority, we should be reading opinions like this from SCOTUS. Quite a fun read.
Wonderful news! I would caution California FReepers to wait and see. The general consensus at both MDS and Calguns is this isn’t going to last long and is going to wind up stayed all the way to SCOTUS.
At the end of the day, we need SCOTUS to take this case and slam bans like this in CA, HI, NY, MD, NJ, etc. Binding precedents last for generations. In California, I wouldn’t expect this ruling to last a week.
See Post 11
I’m hopeful that the current Supreme Court will start taking cases like this and giving us expansive rulings to short circuit future attempts to circumvent the ruling. My assumption is that Roberts will only agree to sign on if they narrow the scope of the ruling.
Personally, I don’t care if it’s a 5-4. Make it expansive and let the anti-gunners wail in despair.
Oh I’m quite familiar with Caetano. I was one of the plaintiffs in a court case in my home state to invalidate an anti-stun gun law left on the books over a year after the ruling came down. Those idiots were actually still trying to enforce it, telling stun gun makers they’d be prosecuted if they shipped anything and telling gun store owners the same.
Funny how fast they backed down when about 50 plaintiffs appeared - all with squeaky clean records - to challenge it. Law dropped before we could even get a date scheduled for a hearing.
1)Velocity kills. 2) If they can ban the least military cartridge, the others suddenly become “X-times more powerful than the already banned AR-15.”
Yup, some people have no idea, especially libtards. I would much rather be shot with a handgun or a “terrifying” assault rifle than a simple bolt action rifle chambered with 30.06, 303, 7mm, 8mm, etc.
An honest judge. Hope they let him last a long time! Thanks to the judge and thank Heaven for this step back from tyranny
thank you Judge Benitez!
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