Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-62 next last
To: Uncle Miltie

So does this apply in Gnu Yak, too?


21 posted on 06/04/2021 7:49:06 PM PDT by Shady (Prince Andrew must be dethroned...And who killed Ashli Babbitt? )
[ Post Reply | Private Reply | To 3 | View Replies]

To: TexasGurl24

Bkmk Newsom


22 posted on 06/04/2021 7:55:29 PM PDT by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TexasGurl24; mylife; Joe Brower; MaxMax; Randy Larsen; waterhill; Envisioning; AZ .44 MAG; umgud; ..

RKBA Ping List


This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.

FReepmail me if you want to be added to or deleted from the list.

More 2nd Amendment related articles on FR's Bang List.

23 posted on 06/04/2021 7:55:56 PM PDT by PROCON (Our rights do not come from government, therefore they cannot take them away.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Gay State Conservative; TexasGurl24

24 posted on 06/04/2021 7:56:35 PM PDT by skimbell
[ Post Reply | Private Reply | To 11 | View Replies]

To: alternatives?

Cosmetics - they ‘look evil’ and frighten the Fudds who clutch their ancient wooden stocked antiques.


25 posted on 06/04/2021 7:56:38 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: sageburn

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…


26 posted on 06/04/2021 8:01:25 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: ETCM

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.


27 posted on 06/04/2021 8:19:44 PM PDT by Reno89519 (Buy American, Hire American! End All Worker Visa Programs. Replace Visa Workers w/ American Wo)
[ Post Reply | Private Reply | To 9 | View Replies]

To: TexasGurl24
This ruling is meaningless in the short term:

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.

28 posted on 06/04/2021 8:21:34 PM PDT by Yossarian
[ Post Reply | Private Reply | To 1 | View Replies]

To: TexasGurl24

Wow.

I speed read the entire 94 pages.

Judge Benitez is a rock star.


29 posted on 06/04/2021 8:22:51 PM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Yossarian

Any ruling in our favor is always limited and not universal. Abortion and gay marriage on the other hand...


30 posted on 06/04/2021 8:23:03 PM PDT by Luke21
[ Post Reply | Private Reply | To 28 | View Replies]

To: 2aProtectsTheRest

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.


31 posted on 06/04/2021 8:25:58 PM PDT by Reno89519 (Buy American, Hire American! End All Worker Visa Programs. Replace Visa Workers w/ American Wo)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Spktyr

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.


32 posted on 06/04/2021 9:22:17 PM PDT by sageburn
[ Post Reply | Private Reply | To 26 | View Replies]

To: skimbell
... and yet we still have the National Firearms Act of 1934 in effect for 86 years on Title II firearms (automatic rifles, sub-machine guns, SBRs, SBSs, etc., ... just saying.


33 posted on 06/04/2021 9:27:34 PM PDT by MacNaughton
[ Post Reply | Private Reply | To 24 | View Replies]

To: Spktyr
Cosmetics - they ‘look evil’ and frighten the Fudds who clutch their ancient wooden stocked antiques.

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.

34 posted on 06/05/2021 3:21:51 AM PDT by Erik Latranyi (We are being played by forces most do not understand)
[ Post Reply | Private Reply | To 25 | View Replies]

To: TexasGurl24

My AR-7 is only 1/2 as bada$$ as an AR-15...


35 posted on 06/05/2021 5:41:24 AM PDT by BBB333 (The Power Of Trump Compels You!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TexasGurl24

Benitez is a GW Bush appointee.


36 posted on 06/05/2021 5:44:08 AM PDT by xzins (Retired US Army chaplain. Support our troops by praying for their victory. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: alternatives?

They’re “scary” and “black weapons of war”.
LOL.


37 posted on 06/05/2021 6:28:25 AM PDT by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit..)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Erik Latranyi

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.


38 posted on 06/05/2021 6:54:54 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
[ Post Reply | Private Reply | To 34 | View Replies]

To: sageburn

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.


39 posted on 06/05/2021 7:02:59 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: alternatives?

“Progressives” call any tool we might use to resist getting put on cattle cars an “assault weapon.”


40 posted on 06/05/2021 7:09:45 AM PDT by Big Brother Go to Hell
[ Post Reply | Private Reply | To 8 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-62 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson