Federal judge says California’s so-called ‘assault weapons’ ban violates 2nd Amendment

In 1989, California imposed a ban on so-called “assault weapons” that outlawed modern rifles like the AR-15 and severely restricted the rights of law-abiding citizens to possess such firearms.

Now, however, The Daily Wire reports that a federal judge has ruled the Golden State’s assault weapons ban unconstitutional, saying it violates the Second Amendment. The state will reportedly be barred from enforcing the ban and other related regulations pending a 30-day stay of the ruling.

“Average guns used in average ways”

There is little doubt that the Democratic officials who govern the state of California will appeal this ruling to the Ninth Circuit Court of Appeals, so the fight for the right to keep and bear arms isn’t finished — but this ruling represents a significant win for those who seek to protect the right to bear arms.

In his 97-page ruling, U.S. District Court Judge Roger T. Benitez utterly obliterated progressives’ excuses for banning so-called “assault weapons” like the commonly-owned AR-15 in California.

“This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection,” Benitez wrote. “The banned ‘assault weapons’ are not bazookas, howitzers, or machineguns. Those arms are dangerous and solely useful for military purposes.

“Instead, the firearms deemed ‘assault weapons’ are fairly ordinary, popular, modern rifles,” the judge continued. “This is an average case about average guns used in average ways for average purposes.”

Ruling handed down

The judge went on to debunk narratives echoed by Democrats about the supposed dangers posed by such firearms, presenting statistics that showed far more Californians are killed annually by knives — and even fists and feet — than rifles of any kind.

He also picked apart the state’s ill-defined “assault weapons” term, exposed the absurdity of banning various cosmetic features for guns, shredded the faulty testimony of the state’s so-called “experts,” and ripped apart previous court decisions that defenders of the ban had relied on in their attempt to stifle the Second Amendment.

In the end, Judge Benitez specifically enjoined the state from further enforcement of at least eight separate statutes related to the “assault weapons” ban, though he did impose a 30-day stay on his own ruling in light of the “serious” subject matter and to provide an opportunity for an appeal.

The fight goes on

According to The Daily Wire, the case in question was first filed in 2019 by the Firearms Policy Coalition against California’s Assault Weapons Control Act (AWCA). The group cheered the decision rendered by Judge Benitez on Friday.

“In his order today, Judge Benitez held what millions of Americans already know to be true: Bans on so-called ‘assault weapons’ are unconstitutional and cannot stand,” FPC President Brandon Combs said in a statement, according to The Daily Wire.

“This historic victory for individual liberty is just the beginning, and FPC will continue to aggressively challenge these laws throughout the United States,” Combs added. “We look forward to continuing this challenge at the Ninth Circuit and, should it be necessary, the Supreme Court.”

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