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.
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 ...
Good News!
AR 15s Save Lives
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”.
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.
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’.
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.
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.
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.
Yes it is. Let’s pray that it is ultimately upheld by SCOTUS and becomes the Law of the Land as our Framers intended.
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).
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.
That would be the AR10.

When you finally get around to using it for self defense in your home get back to us if your hearing still works.
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.
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.
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?
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.
So are fully automatic weapons yet the National Firearms Act of 1934 is still illegally in full effect.
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