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California officials vow to fight back after federal judge overturns state’s 3-decade old assault weapons ban
KTLA5 ^ | 06/05/2021 | LA Times

Posted on 06/05/2021 2:49:24 PM PDT by aimhigh

California officials are vowing to fight back after a federal judge overturned the state’s 30-year-old ban on assault weapons. In ruling the ban unconstitutional, U.S. District Judge Roger Benitez compared the AR-15 semiautomatic rifle to a Swiss Army knife, calling it “good for both home and battle.”

Benitez, of the Southern District of California, issued a permanent injunction against the law’s enforcement but stayed it for 30 days to give the state a chance to appeal. California is one of seven states, plus Washington, D.C, that ban assault weapons, according to the Brady Campaign to Prevent Gun Violence.

(Excerpt) Read more at ktla.com ...


TOPICS: Government; News/Current Events; US: California
KEYWORDS: 2ndamendment; 9thcircuit; ar15; assaultweapon; banglist; benitez; bontashartshimself; braking; california; dubyajudge; gavinnewsome; gavinshartshimself; guncontrol; guns; ninthcircuit; robbonta; rogerbenitez; rogertbenitez; sdcalifornia; secondamendment
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1 posted on 06/05/2021 2:49:24 PM PDT by aimhigh
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To: aimhigh

Fight back?! With an assault weapon?!


2 posted on 06/05/2021 2:50:45 PM PDT by Rummyfan (In any war between the civilized man and the savage, support the civilized man. Support Israel.d)
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To: aimhigh

9th will reverse, and off to the SCOTUS we go...who knows where the merry go round stops.


3 posted on 06/05/2021 2:51:01 PM PDT by Regulator (It's Fraud, Jim)
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To: aimhigh

PLEASE. appeal it to SCOTUS so we can rid the entire country of them!!


4 posted on 06/05/2021 2:53:50 PM PDT by VideoPaul
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To: Regulator
“9th will reverse, and off to the SCOTUS we go...”

Perhaps not as the 9th has been uncharacteristically (for them) supportive when it come to 2nd amendment rights.

5 posted on 06/05/2021 2:55:40 PM PDT by traderrob6
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To: aimhigh

See my tag line.


6 posted on 06/05/2021 2:56:56 PM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: aimhigh

Gee, the state of CA might allow them to own a semi auto rifle? That is so generous of them to consider!


7 posted on 06/05/2021 3:03:33 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: aimhigh

The judge did a good job with simple wording. It won’t be overturned.


8 posted on 06/05/2021 3:04:27 PM PDT by Sacajaweau
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To: aimhigh

Should read: “Kalifornia’s communist democrat officials” vow to fight back after federal judge overturns state’s 3-decade old assault weapons ban


9 posted on 06/05/2021 3:06:16 PM PDT by drypowder
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To: VideoPaul

Well, it’s iffy with Roberts and the unproven new judges.


10 posted on 06/05/2021 3:08:23 PM PDT by ealgeone
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To: aimhigh
We vow to persevere to persevere.
11 posted on 06/05/2021 3:08:33 PM PDT by dljordan (Slouching towards Woketopia)
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To: aimhigh

bookmark


12 posted on 06/05/2021 3:14:00 PM PDT by GOP Poet (Super cool you can change your tag line EVERYTIME you post!! :D. (Small things make me happy))
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To: aimhigh

It’s already stayed 30 days, and that stay will be extended indefinitely once the state appeals. It will get kicked around for about 2 years, then the 9th will reverse Judge Benitez. Another year or 2 later, we will see if SCOTUS will hear it, or if another case makes it moot. This has been the way of the 9th Circus for decades.


13 posted on 06/05/2021 3:18:33 PM PDT by ETCM
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To: aimhigh

Once again - when the Dems don’t get their way they double down and cheat and steal and make more laws.

They don’t care about the USA or the law.

They want POWER and now have their own private army to wield it. That’s why they want the police defunded.


14 posted on 06/05/2021 3:19:17 PM PDT by Skywise
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To: Sacajaweau
The judge did a good job with simple wording. It won’t be overturned.

V Good Point - not a lot of extraneous words in the ruling limits the basis for appeal.

15 posted on 06/05/2021 3:21:11 PM PDT by corkoman
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To: aimhigh

The ban was blatantly unconstitutional, what grounds will the state use to argue their case? They don’t have a legal leg to stand on.


16 posted on 06/05/2021 3:27:36 PM PDT by Graybeard58 (The China virus doesn't scare me, Venezuelaism does.)
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To: traderrob6
I read most of the decision. It eviscerates the state's arguments and points out how the 9th Circuit's prior 2nd Amendment jurisprudence fails to apply the tests outlined in Heller properly.

In addition, it points out that the state's "expert" witnesses cannot substantiate or reproduce the factual assertions they made, such as that defensive gun use requires on average only 2.2 rounds. It also points out that other claims, such as that AW are somehow more dangerous, are absurd given that most fire rounds far less damaging than hunting rifles and that the Mini-14 (which is allowed) fires exactly the same 5.56mm round as most AR-15s and also has a detachable magazine.

It's worth reading simply for the judge's sense of humor. For example he quotes the Oakland chief of police saying that he prefers victims not to shoot back because he wants good witnesses. To which the judge replies that the chief apparently did not realize that a dead witness is not a good witness.

The decision might stand because it is remarkably thorough about both the law and the facts.

17 posted on 06/05/2021 3:45:49 PM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: aimhigh

funniest thing is, everyone we know in California has several such items ready to use if ever necessary

so if there has been a “several decades old” “ban” in California, it sure has had very little impact


18 posted on 06/05/2021 4:01:58 PM PDT by faithhopecharity ("Politicians are not created, they're excreted." Cicero 2000 years ago)
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To: pierrem15

The point about hunting rifles being more deadly than a 5.56.


19 posted on 06/05/2021 4:35:58 PM PDT by Fai Mao
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To: aimhigh
Caetano v Massachusetts

The US Supreme Court settled this issue in 2016...by a 9-0 vote.

20 posted on 06/05/2021 4:36:37 PM PDT by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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