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Federal Judge Overturns California's Ban On Assault Weapons

serfserf Member Posts: 9,225 ✭✭✭✭

I wonder how long this ruling is going to stand?


U.S. District Judge Roger Benitez of San Diego released a 94-page ruling late Friday, indicating California's three-decade ban on assault weapons violates the Second Amendment's right to bear arms.

"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 the United States v Miller, 307 U.S. 174 (1939)," Benitez wrote.

"Yet, the State of California makes it a crime to have an AR15 type rifle," Benitez continued. "Therefore, this Court declares the California statutes to be unconstitutional."


  • Horse Plains DrifterHorse Plains Drifter Forums Admins, Member, Moderator Posts: 38,266 ***** Forums Admin

    Well, it was a US District court, so Nuisance can appeal to the ninth circuit court, which will promptly over rule that district court.

  • mark christianmark christian Forums Admins, Member, Moderator Posts: 24,499 ******

    For what? the third time? Another round of injunctions and legal maneuvering, just like the magazine ban being overturned. BTDT a whole bunch of times before.

    Nevertheless I appreciate your posting this "breaking news" in the appropriate sub form.

  • steelgtr1steelgtr1 Member Posts: 1

    So, can we buy a non-cali AR15 now while it's being appealed?

  • serfserf Member Posts: 9,225 ✭✭✭✭

    No their was a 30 day stay. So The Governor can appeal it and no sales until after the 30 days.


  • Ditch-RunnerDitch-Runner Member Posts: 22,978 ✭✭✭✭

    with all the the crap going on the politician's ( left and demorats ) can and will drop every thing to go after guns amazing how with in a few hours all the booked up judges and courts find time to go after gun owners

    crime poverty homeless illegal's , looting burning cities

    they have already filed appeals and said no one wants people to have such guns ...AH then way are they fighting to get them

    they are going after pistol braces , suppressors , mags over 10 rounds . NY is going after all semi auto including hand guns

    creepy joe and the Ho and there handlers are going all out to make a nasty 4 years for gun owners any and every way possible

    I did hear Biden's pick for the BATF head has lied he lost a duty gun issued to him as agent ( ? no one said what it was best I can tell pistol or rifle ) he denied when ask but the records show it happened and refuses to give his work records to the senate .

    he is just another bottom feeding slimy POS

  • mark christianmark christian Forums Admins, Member, Moderator Posts: 24,499 ******

    Unlike the magazine bans which came and went, this looks as though it might amount to something . I lived in CA for many years, so I'm pulling for you guys, In addition, unlike some dealers on GB, I will any item that is legal for you to own!

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