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Judge Benitez: Miller v. Becerra, AR15 Rifles ARE Protected by Second Amendment!
AmmoLand ^ | 27 June, 2021 | Dean Weingarten

Posted on 07/04/2021 6:30:49 AM PDT by marktwain

U.S.A.-(AmmoLand.com)- On June 4th, 2021, in the Southern District of California, Judge Roger T. Benitez found the complex regulatory scheme of California gun laws that outlaw the ownership of “Assault weapons”, particularly semi-automatic clones of the AR-15, are unconstitutional violations of the Second Amendment on their face.

From the decision:

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.

This is the opening salvo in a tightly worded and beautifully constructed 94 page decision by Judge Roger T. Benitez. This correspondent will lead the reader through a modest sampling of the decision, so those who do not wish to read the entire decision will not need to do so. Reading the entire decision is highly recommended.<

Judge Benitez demolishes the argument that AR-15 style rifles are “unusual” on page 2:

This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection.


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


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: California
KEYWORDS: 5pt56; ar15; banglist; ca; california; pennsylvania; pt223; secondamendment
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The opinion written by Judge Benitez is a beautiful thing.
1 posted on 07/04/2021 6:30:49 AM PDT by marktwain
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To: marktwain

Good News!


2 posted on 07/04/2021 6:35:18 AM PDT by Navy Patriot (Celebrate Decivilization)
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To: marktwain

AR 15s Save Lives


3 posted on 07/04/2021 6:37:46 AM PDT by Rocko Jack
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To: marktwain

It’s important to remember that the Founders had just fought and won a war against one of the world’s most powerful militaries (in what the Democrats of today would call an insurrection) because ordinary people had weapons equal to the finest infantry weapons of the time. They were very aware of the value of “keep and bear”.


4 posted on 07/04/2021 6:45:18 AM PDT by motor_racer (Who will bell the cat?)
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To: marktwain
Would be disappointed if the author did not mention this, but if he did, it should have been exerted so others could easily see the follow-up:

A three-judge panel of the Ninth Circuit issued a stay of the ruling on June 21, 2021, leaving the ban in place as appeals were litigated. The case was known as Miller v. Becerra before Rob Bonta succeeded Xavier Becerra as Attorney General of California in April 2021.

5 posted on 07/04/2021 7:19:25 AM PDT by beancounter13 (A Republic, if you can keep it.)
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To: marktwain

Mine is within arm’s reach of my bed along with my 12 gage, my Glock 40 cal., my 9mm, my .380, my 38 special and if I had them, a few hand grenades’.


6 posted on 07/04/2021 7:20:02 AM PDT by RetiredArmy (Free Will. GOD gives you the choice I accept or reject Him! Choose Him. It depends on you.)
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To: motor_racer
They were very aware of the value of “keep and bear”.

A modern insurrection would theoretically fail because rifles do not stand up to artillery, armor, and air support.

However, the asymmetrical war in Vietnam was lost. It can be blamed on the war being fought politically instead of a total war. It is still essential that a free people be armed.

7 posted on 07/04/2021 7:23:35 AM PDT by MikeSteelBe (The South will be in the right in the next war of Northern aggression.)
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To: marktwain

And good for varmint control, too. Coyotes are getting brave near us and started to stalk small children. Thankfully watchful adults have prevented any attacks.


8 posted on 07/04/2021 7:26:57 AM PDT by Blood of Tyrants (“Unlimited power in the hands of limited people always leads to cruelty.” ― Aleksandr Solzhenitsyn,)
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To: motor_racer

The Kentucky long rifle exceeded the capabilities of the English infantry weapons. The former was more accurate, and served the lone frontiersman, as well as the soldier. The Brits, with organized volley fire, didn’t place as high a premium on accuracy.


9 posted on 07/04/2021 7:27:20 AM PDT by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
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To: marktwain
The opinion written by Judge Benitez is a beautiful thing.

Yes it is. Let’s pray that it is ultimately upheld by SCOTUS and becomes the Law of the Land as our Framers intended.

10 posted on 07/04/2021 7:32:15 AM PDT by Yo-Yo (is the /sarc tag really necessary?)
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To: marktwain

My only issue with the AR-15 is the cartridge is a bit of a lightweight. The original platform was designed for the .308/7.62x51 round, which seems more appropriate.

But, that’s just my opinion, and opinions are like cowboy hats - everybody has one (except me, as I have two).


11 posted on 07/04/2021 7:35:49 AM PDT by Disambiguator
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To: marktwain

Judge Benitez is in agreement with the intent of the Second Amendment.

“But the right of citizens to bear arms is just one more guarantee against arbitrary government, one more safeguard against tyranny...”. Even an old school liberal like Hubert Humphrey understood that.


12 posted on 07/04/2021 7:44:54 AM PDT by Fred Hayek (Antifa=BLM=RevCom=CPUSA = CCP=Democratic Party )
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To: Disambiguator
. The original platform was designed for the .308/7.62x51 round, which seems more appropriate.

That would be the AR10.

13 posted on 07/04/2021 8:04:52 AM PDT by BipolarBob (I'm having Uncle Toms Rice. It's like Uncle Bens but just a bit more racis'.)
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To: marktwain

Palmetto State Armory just came out with these. I ordered mine yesterday.
(Eighty bucks with a 12 week estimation on shipping)
(Love the safety switch)
14 posted on 07/04/2021 8:09:31 AM PDT by RandallFlagg ("Okay. As long as the paperwork is clean, you boys can do what you like out there." -Fifi)
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To: RetiredArmy

When you finally get around to using it for self defense in your home get back to us if your hearing still works.


15 posted on 07/04/2021 8:32:56 AM PDT by Roman_War_Criminal (Jesus + Something = Nothing ; Jesus + Nothing = Everything )
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To: Disambiguator

The nice thing about the AR-15 is it’s modular nature. If the 5.56 is to anemic for the job, replace the upper with a more suitable cartridge.

https://gundigest.com/rifles/ar-15/ar-15-calibers-and-cartridges-what-should-you-chamber-your-carbine

The 6.8 SPC is in the same category as the 7.62 x 39
and the .50 Beowulf would put in close to the old 45-70 cartridge.


16 posted on 07/04/2021 9:18:53 AM PDT by taxcontrol (You are entitled to your opinion, no matter how wrong it is.)
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To: MikeSteelBe
However, the asymmetrical war in Vietnam was lost. It can be blamed on the war being fought politically instead of a total war. It is still essential that a free people be armed.

Vietnam is a poor argument that hand weapons can stand against armor/artillery/air. Militarily speaking, we owned it. It was the decision to abandon the fight and leave where the fight was "lost".
17 posted on 07/04/2021 9:41:19 AM PDT by Svartalfiar
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To: Roman_War_Criminal

Indeed, but all of the standard firearms in close quarters are really loud. 140+ dB loud.

Some folks quiet them down with suppressors though. Others have “ears” next the bed and they go on first, others, probably most, would sacrifice hearing acuity for blood pressure & volume retention if it came down to that...

Others dial 911 and shiver in fear.

Some even have NODs to help win the night...

Whats in your walker?


18 posted on 07/04/2021 9:59:40 AM PDT by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War" )
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To: Disambiguator

I’ve shot both on AR platforms and the 308 put such a concussion wave in my face I only fired about 5 rounds. More powder is not always a good thing.


19 posted on 07/04/2021 10:21:50 AM PDT by Pocketdoor (https://m.youtube.com/watch?v=uufeEhq25rc)
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To: marktwain

So are fully automatic weapons yet the National Firearms Act of 1934 is still illegally in full effect.


20 posted on 07/04/2021 10:33:17 AM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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