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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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To: Spktyr

Case in point from just five years ago: https://www.spokesman.com/blogs/outdoors/2016/nov/03/ar-15-got-mixed-reviews-hunters-10-years-ago/

Fudds are still very much a thing.


41 posted on 06/05/2021 7:26:32 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: ETCM

Don’t be surprised if the 9th agrees.


42 posted on 06/05/2021 9:54:52 AM PDT by EQAndyBuzz (I got the shot. Not because I wanted to. Because I had to, in violation of my civil rights.)
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To: EQAndyBuzz
Don’t be surprised if the 9th agrees.

I'm hopeful.

43 posted on 06/05/2021 11:21:27 AM PDT by Navy Patriot (Celebrate Decivilization)
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To: EQAndyBuzz

Bingo.

Trump flipped the 9th Circuit:

https://www.latimes.com/california/story/2020-02-22/trump-conservative-judges-9th-circuit


44 posted on 06/05/2021 11:23:44 AM PDT by reagandemocrat (Underground Resistance in Vichy California)
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To: Uncle Miltie

This is on the district level. Appeals out the wazoo to follow in 3...2...1...


45 posted on 06/05/2021 11:26:29 AM PDT by Eleutheria5 ("The impossible happens all the time. You just have to believe." Will Robinson)
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To: Lurker

Dammitall! I’ve been busily converting all my ARs to 6.5 Grendel (try finding those barrels!) and ammo was just now becoming available again at ‘somewhat’ reasonable prices.

I reckon I’ll need to rethink that 6mm ARC I was wanting...


46 posted on 06/05/2021 12:18:40 PM PDT by snuffy smiff (Vsetko Umiera! Build the Wall and build it tall, then build a gallows and hang them ALL!)
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To: Spktyr

That is a bizarre article by Zumba. Thanks.


47 posted on 06/05/2021 12:30:09 PM PDT by gitmo (If your theology doesn't become your biography, what good is it?)
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To: Spktyr

G3 .308 would be one of the last weapons I would want to be hit with.


48 posted on 06/05/2021 3:46:25 PM PDT by NWFree (Somebody has to say it)
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To: NWFree

The FAL is even worse, usually having a longer barrel and higher velocity.

I love my FAL. :D


49 posted on 06/05/2021 7:42:48 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: gitmo

He deserved to lose his job for that - even if you leave the whole political aspect aside, the fact that a self-professed general hunting expert somehow missed the enormous growth of the modern sporting rifle in hunting (which IIRC was even then beginning to outnumber old bolts in the field) means that they’re not a hunting expert - any more than some Model T enthusiast who puts down a modern Mustang should be considered a general expert on contemporary road racing.

F’ing Fudds.


50 posted on 06/05/2021 7:47:19 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: Spktyr

Heavy though

But it was our weapon of choice in my experience as a spectator of war in west Africa....specifically the Brit SLR variant

No I was not a recon ranger

A blood diamond exploiter as it were..lol

Man do you know what a class three legal FAL sells for now here....I remember when u could trade a Land Rover battery for one. In Kenema

Not as cheap as Pershawar but cheap...I hear AK in Yemen can be had for cheap


51 posted on 06/06/2021 1:11:18 AM PDT by wardaddy (Feel my warmth)
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To: wardaddy

The FAL has been turning up in large numbers in Syria and Libya of late.

https://www.youtube.com/watch?v=IuLxFfO5mJQ

https://www.thefirearmblog.com/blog/2012/05/30/syrian-rebel-with-israeli-fal-rifle/

Related viewing: https://www.youtube.com/watch?v=zYtx9g7BmOE


52 posted on 06/06/2021 2:07:25 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: TexasGurl24

TexasGurl24, thanks for posting that link. The article had a direct link to the decision itself. It’s an interesting read. The judge really tried to cover all the bases.


53 posted on 06/06/2021 3:16:20 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: carriage_hill
They’re “scary” and “black weapons of war”.

But if you get a PINK one...

54 posted on 06/06/2021 7:37:42 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: carriage_hill
They’re “scary” and “black weapons of war”.

Would wood furniture on an AR15 make them LESS 'scary'??

BOO!

55 posted on 06/06/2021 7:42:20 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Elsie

Libtards of scared of everything “guns”. Wood won’t help allay that.


56 posted on 06/06/2021 7:44:10 PM PDT by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit..)
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To: Elsie

Pink’s not my color; I like the ‘black scary AR-15s”.


57 posted on 06/06/2021 7:46:34 PM PDT by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit..)
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To: Elsie; carriage_hill
Would wood furniture on an AR15 make them LESS 'scary'??

Well, it certainly makes a station wagon less scary.

58 posted on 06/06/2021 7:47:06 PM PDT by thecodont
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To: TexasGurl24

can i get a galil now?¿ lol


59 posted on 06/07/2021 10:04:00 AM PDT by ßuddaßudd ((>> ☼ << "What the hell kind of country is this if I can only hate a man if he's white?")
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To: thecodont

I like Woody Wagons, but at 2-3 tons, they can still kill you if you get in the way.


60 posted on 06/07/2021 10:23:36 AM PDT by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit..)
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