Assault In California - The 'ordinary, popular' guns protected by the Second Amendment, California judge rules A judicial opinion rejecting California's long-standing offensive weapons ban has raised eyebrows at lawyers for its rhetoric. California said it would appeal the decision.
Brian Oberk of Munster, Ind., tries out an AR-15 from Sig Sauer in the showroom at the National Rifle Association annual meeting in Indianapolis in 2019. Michael Conroy/AP hide subtitle
Assault In California
Brian Oberk of Munster, Ind., tries out an AR-15 from Sig Sauer in the showroom at the National Rifle Association annual meeting in Indianapolis in 2019.
U.s. Judge Overturns California's Ban On Assault Weapons
California has banned certain types of semi-automatic rifles, including the AR-15, under its "Assault Weapons" ban for over three decades. On Friday, a federal judge lifted the ban, saying it violated the Second Amendment to the US Constitution.
"The Second Amendment concerns America's freedoms: the freedom to defend oneself, family, home, and homeland," wrote Judge Roger Benitez on behalf of the US District Court for the Southern District of California. "California's assault weapon ban disrespects that freedom."
California Governor Gavin Newsom called the decision a "direct threat to public safety" and state Attorney General Rob Bonta said the state would appeal.
Courts differ on whether the ban on assault weapons is constitutional. This is because the Supreme Court has never heard of a case that tests their constitutionality.
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"Honestly... that would be the end of the matter," said David Koppel, a professor of constitutional law at the University of Denver's Sturm School of Law and a visiting professor at the libertarian-leaning Cato Institute.
But Koppel noted that some courts, including federal courts in California, use a multi-stage test that requires a "balance of policy." This is why Benitez's 94-page review offers such a detailed examination of the pros and cons of the assault weapons ban.
Of similar cases heard around the country, Coppell said Benitez's view was "by far the most comprehensive in a careful examination of the evidence."
"This case is not about the extraordinary weapons that lie at the outer limits of Second Amendment protection," Judge Benitez wrote. Firearms considered "assault weapons" by the California legislature are actually "ordinary, popular, modern rifles," he said.
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Josh Blackman, a law professor at the South Texas Law School in Houston, said judges are trying to show how common the AR-15 is because once a gun is in common use, it's protected by the Second Amendment. assistant academic. Cut it off.
"I think the AR-15's safety issue is bigger than the pistol's safety issue," Blackman said. "The Second Amendment has several tests: One is self-defense. The other is protection from the government itself. Weapons."
Michael Morley, professor of law at Florida State University Law School and contributor to The Federalist Society, said the court "summarized at an extremely detailed level of the recorded evidence, statistics, and factual basis of expert witness conclusions."
But there is some rhetorical embellishment and argumentative passages in the view that I don't believe hit the right tone for the judgment, Morley said.
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Such a rhetorical showdown occurred at the beginning of Benitez's vision. The judge compared the AR-15 to a "Swiss Army Knife", describing it as "the perfect combination of a home defense weapon and a homeland defense weapon". Benitez, appointed by President George W. Bush in 2003, has repeatedly criticized the state ban as a "failed experiment" with "no effect" on mass executions in 30 years.
It appears to be "an opinion written by an AR-15 salesman rather than a constitutional analyst," said Larry Tribe, emeritus constitutional law professor at Harvard Law School. "Prejudice is largely dripping from view, and the analysis certainly does not follow Supreme Court case law regarding the Second Amendment."
This isn't Judge Benitez's first opinion on controversial gun laws. In 2019, it repealed a state law banning gun magazines containing more than 10 rounds. "Individual liberty and liberty,
Koppel said it was very likely that the Ninth Circuit Court of Appeals would eventually overturn the Benitez decision, because "no second-pro-second amendments to the Ninth Circuit have survived."
U.s. Judge Overturns California's Ban On Assault Weapons
Law observers say it is possible that the Supreme Court will step in to resolve the issue from now on. But it's far from certain. In 2016, the supreme court refused to challenge gun bans in Connecticut and New York. A year earlier, the court dismissed a similar appeal against local laws in Cook County, Illinois. The commitment is inspired by a Texas law that allows citizens to ban abortion after about six weeks of pregnancy.
An AR-15-style rifle goes on sale at a gun show in Costa Mesa, California, on June 5, 2021. Photo: Patrick T Fallon/AFP/Getty Images
California Governor Gavin Newsom has pledged to authorize private citizens to ban the manufacture and sale of assault weapons in the state, claiming the same right that conservative lawmakers in Texas claim at around six weeks of pregnancy. Since then, most abortions there have been stopped.
"We will work to create an opportunity for private citizens to prosecute anyone who manufactures, distributes, or sells assault weapons or ghost weapon kits or parts in California," the governor's office said in a statement on Sunday. said.
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California has banned the manufacture and sale of various assault-style weapons for three decades. However, in June, a federal judge, to the dismay of Democrats and gun control activists, overturned this ban and said: "Like a Swiss Army Knife, the popular AR-15 rifle is a home defense weapon and a tool for homeland defense. It's the perfect combination for equipment. .Good for both home and combat.
Newsom's move is inspired by a controversial Texas law that allows private citizens to ban abortion as soon as fetal cardiac activity is detected, thereby "aiding and abetting" them with abortion clinics and procedure. It gives the right to sue anyone who does this.
Last Friday, the U.S. Supreme Court ruled that Texas abortion providers could sue over the state's ban on most abortions, but allowed the law to remain in effect, the strictest rule ever in the United States, according to the court's liberals. edge between minority and pro-choice advocates.
Newsom denounced the decision, saying: "I am outraged by yesterday's decision by the US Supreme Court that allowed most abortion services in Texas to ban knives, then California to protect people's lives." He will use the right that Texas used to hurt women.
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The governor said he has instructed his staff to work with the California legislature and the Democratic attorney general to pass legislation that would allow private citizens to sue to enforce California's assault weapons ban.
Newsom said litigants can earn up to $10,000 per violation, plus other costs and attorneys' fees.
Newsom's announcement is a fulfilled prophecy for some gun rights groups, who predict that progressive states will try to use Texas' abortion laws to restrict access to guns.
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