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California Assault Weapon Ban Struck Down
Courtlistener.com ^ | 6/4/2021 | Judge Roger T. Benitez

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.


TOPICS: Breaking News; Constitution/Conservatism; News/Current Events; US: California
KEYWORDS: 2ndamendment; 9thcircuit; ar15; banglist; california; dubyajudge; ninthcircuit; nra; point223; rogerbenitez; rogertbenitez; sdcalifornia; secondamendent
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1 posted on 06/04/2021 7:05:57 PM PDT by TexasGurl24
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To: TexasGurl24

https://www.firearmspolicy.org/fpc-wins-assault_weapon-lawsuit-in-historic-victory-for-second_amendment-rights


2 posted on 06/04/2021 7:07:29 PM PDT by TexasGurl24
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To: TexasGurl24

Buy ‘em quick before the injunction!


3 posted on 06/04/2021 7:08:25 PM PDT by Uncle Miltie (I'm changing my name to 'Spike Protein'!)
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To: TexasGurl24

WONderful judge. WONderful opinion.


4 posted on 06/04/2021 7:09:03 PM PDT by Lazamataz (I feel like it is 1937 Germany, and my last name is Feinberg.)
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To: Lazamataz

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.


5 posted on 06/04/2021 7:10:12 PM PDT by TexasGurl24
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To: Lazamataz

You thought ARs were expensive last month? Wait till the orders from CA hit.

L


6 posted on 06/04/2021 7:13:38 PM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is. )
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To: TexasGurl24
We have a certain troll here on FR who will be deeply saddened by this opinion.

Name names.

7 posted on 06/04/2021 7:15:16 PM PDT by Lazamataz (I feel like it is 1937 Germany, and my last name is Feinberg.)
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To: TexasGurl24

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.


8 posted on 06/04/2021 7:16:22 PM PDT by alternatives? (If our borders are not secure, why fund an army?)
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To: TexasGurl24

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.


9 posted on 06/04/2021 7:17:20 PM PDT by ETCM
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To: TexasGurl24

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.


10 posted on 06/04/2021 7:19:45 PM PDT by 2aProtectsTheRest (The media is banging the fear drum enough. Don't help them do it.)
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To: TexasGurl24
In addition to these cases there's also “Caetano v Massachusetts” in which SCOTUS struck down,by a 9-0 vote,a Massachusetts law regarding which weapons were,and were not,protected under the 2nd Amendment.
11 posted on 06/04/2021 7:20:16 PM PDT by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: 2aProtectsTheRest

See Post 11


12 posted on 06/04/2021 7:21:09 PM PDT by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: ETCM

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.


13 posted on 06/04/2021 7:21:58 PM PDT by 2aProtectsTheRest (The media is banging the fear drum enough. Don't help them do it.)
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To: 2aProtectsTheRest; TexasGurl24
Caetano v Massachusetts
14 posted on 06/04/2021 7:25:06 PM PDT by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: Gay State Conservative

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.


15 posted on 06/04/2021 7:25:36 PM PDT by 2aProtectsTheRest (The media is banging the fear drum enough. Don't help them do it.)
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To: alternatives?

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.”


16 posted on 06/04/2021 7:29:35 PM PDT by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
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To: alternatives?

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.


17 posted on 06/04/2021 7:30:47 PM PDT by sageburn
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To: TexasGurl24

An honest judge. Hope they let him last a long time! Thanks to the judge and thank Heaven for this step back from tyranny


18 posted on 06/04/2021 7:39:21 PM PDT by faithhopecharity ("Politicians are not created, they're excreted." Cicero 2000 years ago)
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To: TexasGurl24

thank you Judge Benitez!


19 posted on 06/04/2021 7:40:54 PM PDT by dadfly
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To: TexasGurl24

Bump!


20 posted on 06/04/2021 7:42:15 PM PDT by Jim Robinson (Resistance to tyranny is obedience to God.)
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