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.
So does this apply in Gnu Yak, too?
Bkmk Newsom
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Cosmetics - they ‘look evil’ and frighten the Fudds who clutch their ancient wooden stocked antiques.
Keep in mind that they also classify honest-to-god battle rifles as ‘assault weapons’ by their cosmetic standards. They class heavier hitters like the FAL, G3, BM59, Galil, etc., in 7.62x51 NATO as ‘assault weapons’ - maybe not so much on the ‘less/ineffective’ side there…
I just read most of his opinion, very nice read. As with his earlier ones that makes perfect sense, hopefully this doesn’t get overturned by others.
Judge Benitez himself…
…issued a 30 day stay (bad for us)…
…on his (good for us) ruling…
…so the evil State of California…
…can appeal it up to a higher level court (9th Circus)…
…without giving us long suffering Californians even any limited time window…
…to exercise our Creator-given right to bear arms.
Wow.
I speed read the entire 94 pages.
Judge Benitez is a rock star.
Any ruling in our favor is always limited and not universal. Abortion and gay marriage on the other hand...
I still wait for a court to simply rule that like restrictions on 1st amendment would not be tolerated, same goes for 2nd and throw out ALL infringing laws.
That’s true. I was more addressing the perception that AR-15s, chambered in the popular .223 are so “devastating”. They are clueless about heavier calibers.
No. Only a few are "frightened". The truth is that this is an Alinsky tactic to isolate, freeze and go after one "class" of firearms. They know that they cannot get all firearms banned at once, but if they can do a media/public relations campaign that results in the banning of one type of firearms, then they go after the others over time.
Communists have long-term thinking. We want one ruling and think it is over.
No matter if the SCOTUS finds the same opinion as this judge, the left will not give up their quest to disarm us.
My AR-7 is only 1/2 as bada$$ as an AR-15...
Benitez is a GW Bush appointee.
They’re “scary” and “black weapons of war”.
LOL.
Er, no. While decreasing in number, there are still many, many older Fudds out there that disdain, decry and yes even fear modern non-wood-stocked firearms. Just see Jim Zumbo’s original and now infamous polemic expressing the views of his idiot Fudd segment regarding modern arms:
https://en.m.wikipedia.org/wiki/Jim_Zumbo
People like him are absolutely still out there in significant numbers and will cheerfully sell out the rest of us to protect their pwecious widdle antiques.
Yup. They also categorize my Saiga 12 shotgun as an assault weapon and it makes .223 look like a peashooter. :P But the same thing in a wood stock and a fixed mag is fiiiiiine by them... until they change their minds.
“Progressives” call any tool we might use to resist getting put on cattle cars an “assault weapon.”
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