California ban on assault weapons overturned

task0778

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Mar 10, 2017
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CNN)A federal judge overturned California's longtime ban on assault weapons on Friday in a ruling that likened the AR-15 to a Swiss Army knife.

Assault weapons have been banned in California since 1989, according to the ruling. The law has been updated several times since it was originally passed.

According to the ruling by US District Judge Roger Benitez of San Diego, the assault weapons ban violates the Second Amendment's right to bear arms and deprives Californians from owning assault-style weapons commonly allowed in other states. Benitez issued a permanent injunction Friday so the law cannot be enforced.

"Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment," Benitez said in the ruling. "Firearms deemed as 'assault weapons' are fairly ordinary, popular, modern rifles."

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Judge Benitez has previously ruled against other state firearm restrictions. Last year, he ruled California's ban on high-capacity magazines was unconstitutional. He also struck down the state's restriction on remote purchases of gun ammunition.

California officials pledge to appeal ruling

The ruling and injunction are stayed for 30 days, during which time the attorney general may appeal and seek a stay from the Court of Appeals.
California Attorney General Rob Bonta said he will be appealing the ruling. "Today's decision is fundamentally flawed, and we will be appealing it," Bonta said in a news release.



So, it'll be interesting to see how this ends up, maybe at the US Supreme Court. Both for the ban on assault weapons and also for the ban on high capacity magazines and the restrictions for remote purchase of ammo.
 
LOL....The last time that happened with mags MagPul and even everyday folks flooded CA with mags. It only lasted a day or two before the ruling was enjoined....If memory serves it might be the same judge.
 
LOL....The last time that happened with mags MagPul and even everyday folks flooded CA with mags. It only lasted a day or two before the ruling was enjoined....If memory serves it might be the same judge.

Given the waiting period in CA for anything that goes bang I don't look for any mass shipments of ARs to go there.

I dunno - I'll bet the criminals and gangbangers have them. A 2019 Department of Justice survey of imprisoned criminals found that at least 43 percent of offenders obtained their firearms via the black market. Maybe not via mass shipments though.
 
So, the lower court's findings were not overturned. The Court simple left the ban in place while the matter continues.

So, it's technically still stricken. The Court is giving the State time to go through the appeals process before the law falls completely.
 

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