How could it not be unconstitutional?
The right of the people to keep and bear arms shall not be infringed.
Because California is Unconstitutional they only have wing it rules and laws.
Don’t get too excited about this ruling just yet. BenÃtez is the same judge that ruled in 2017 that California’s full capacity magazine ban was unconstitutional, and gave Californians a one week stay from the law that allowed literally millions of previously-banned magazines into the state before being forced by the 9th Circuit to remove his stay while appeals run their course.
Here it is four years later, and that magazine ban case is still before the 9th Circuit, this time with an En Banc review of the ruling.
Judge Benitez must have learned his lesson, because this time he deferred his final injunction against the California assault weapon ban until all appeals have been exhausted.
If the state somehow decides not to appeal, then his permanent injunction will take effect 30 days from last Monday.
So there is still a years-long process that must work itself through before the ban can really be declared dead.
“...shall not be infringed.”
I had a history teacher in high school who was fond of saying, “There’s just no getting around it.”
Yep. Even John Roberts can’t get around that phrase.
good for that judge
I lived in CA and owned a Semi Automatic version of the AK-47.
They passed an Unconstitutional Law and I was forced to Register the Rifle, putting my name on a list of potential Domestic Terrorists. Not doing so would have made me an Overnight Felon.
I ended up selling the AK to an out of State Buyer and made a tidy profit as a result which helped fund my next purchase, a “CA Legal” version of a Semi Automatic AR-15.
In order to be “legal” in CA, the Barrel end was not threaded, there was nowhere to mount a Bayonet and a “tool” was required to release the Magazine which could only hold ten rounds of ammunition.
An innovative solution to overcome the Magazine release “tool” requirement was called Bullet Button. It was a recessed button release that could only be pushed in using the tip of a Bullet or any other pointed implement, AKA “tool”. With practice, changing out the Magazine took about five seconds.
The Politicians in Sacramento were horrified about that and went to work. Sure enough, Rifles equipped woth a Bullet Button were reclassified Assault Weapons requiring Registration. Uh oh, I was an Overnight Felon once again.
This time around I ignored them and we eventually moved to a Free State. Since that time, my Arsenal has substantially increased in size.
I still have to fill out that dreaded 4473 Form when purchasing a new Firearm, but I know that if I falsify it I can always use the Hunter Biden did it defense in Court. Just kidding...
They always shriek that an AR-15 is a “weapon of war”. (Practically every gun starts out that way, but I digress...) If it’s a “weapon of war,” does that make almost every big-city police department an army?