U.S. judge overturns California's three-decade-old ban on assault weapons.

[Nevilledog]

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southpaw
@nycsouthpaw
A US District Judge appointed by George W. Bush overturned California’s three decade old ban on assault weapons tonight. His opinion relies heavily on Justice Scalia’s decision in Heller, even though that opinion said you could ban guns like the AR-15. https://d3n8a8pro7vhmx.cloudfront.net/firearmspolicycoalition/pages/5381/attachments/original/1622850515/Miller_v_Bonta_Opinion.pdf?1622850515…

[WarGamer]

1. Knew this was coming...

SCOTUS will uphold it if it hits their desks.

Constitutional Convention or Dissolution of the Union, or both... that's the only way we'll have strong gun laws.

[Grokenstein]

15. Or if Black people start buying lots of guns again...

That's proven to turn Republicans pro-control.

[uponit7771]

16. +1

[PCIntern]

22. Here:

[Grokenstein]

35. LOL! Thank you! nt

[dalton99a]

2. Link:

https://www.sandiegouniontribune.com/news/california/story/2021-06-04/u-s-judge-overturns-californias-ban-on-assault-weapons

U.S. judge overturns California’s ban on assault weapons
By DON THOMPSON
Associated Press
June 4, 2021 8:24 PM PT

SACRAMENTO, Calif. — A federal judge has overturned California’s three-decade-old ban on assault weapons, ruling that it violates the constitutional right to bear arms.

U.S. District Judge Roger Benitez of San Diego ruled Friday that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states.

California first restricted assault weapons in 1989, with multiple updates to the law since then.

California’s attorney general argued that assault weapons as defined by the law are more dangerous than other firearms and are disproportionately used in crimes and mass shootings. But Benitez said the guns are overwhelmingly owned for legal purposes.

[Nevilledog]

3. TY!

[thucythucy]

10. Interesting justification: that California is denying

law-abiding Californians of guns not denied to people in other states.

So therefore, the least restrictive gun laws anywhere become the standard of law everywhere.

I wonder if that would work with say, marijuana. If pot is legal in one state, how can Mississippi deny its citizens access to the same? And then too, how about abortion? If one state is more understanding of a woman's right to choose, how can Alabama deny its law abiding women the same freedom of choice?

I would guess there's some sort of sophistic rationalization that says guns yes, pot and reproductive rights, no way! "Cause, you know, 2nd amendment, free-dumb, gunz.

[LiberatedUSA]

34. Interesting you bring up weed.

The right already plans to ignore a federal ban (if we got one) for the same reasoning. If blue states get to ignore federal drug laws they don’t like, then the red ones will ignore federal gun laws they don’t like.

[thucythucy]

37. I don't think blue states are ignoring federal drug laws.

If the feds want to bust somebody in Massachusetts or New York or Oregon, I doubt state law enforcement will interfere.

Blue states such as Massachusetts are saying possession isn't a violation of state law. This does nothing to affect federal statutes.

This ruling, by contrast, is actually wiping a law off the books.

So much for all the right wing caterwauling about "activist judges legislating from the bench."

[doc03]

4. So Democrats win the Presidency the House and Senate and instead of

gun control we get even more guns.

[Hoyt]

5. Gunners, racist domestic terrorists, mass murderers, etc. gonna be thrilled .

[Johonny]

6. Even more people will die from gun violence. We all know it.

[roamer65]

7. Nullification.

Just nullify the ruling and enforce the state law anyway in state courts. That’s what they are doing with Roe v Wade in states like MS and AL.

Knife cuts BOTH ways.

[Amishman]

18. I don't think we want that

Not only for the constitutional crisis, but because it would lead to places like Texas, Alabama, West Virginia, etc ignoring all federal gun safety restrictions and allowing shit like machine gun vending machines. Which would promptly cross state lines into blue states.

[denbot]

8. A well regulated militia..

Words matter..

[hack89]

24. That is not inline with mainstream Democratic Party beliefs

Obama, HRC, Bernie and President Biden all believe the 2A protects an individual right. Under Obama it was actually written into the Democratic Party platform.

There has never been a time in American history where gun ownership was specifically link to militia membership. Never.

[Baked Potato]

9. The Congressional Record on this Judge is interesting:

https://www.govinfo.gov/content/pkg/CREC-2004-06-17/html/CREC-2004-06-17-pt1-PgS6942.htm

[msfiddlestix]

31. Just those statements. Wow.

I'm guessing he's a Trump humper and sympathetic to White Supremacist Militias groups. The timing of this ban pretty much is the basis for my suspicions.

That the ABA gave a thumbs down on his Judicial temperament and qualifications for a life time Federal appointment should have given pause during confirmation at the minimum.

And you know, just because someone has a Hispanic last name, shouldn't be assumed to be representative of the "Hispanic" community. Dude's lineage is Cuban. Just another Right Wing Extremists occupying a seat of power, no doubt in my mind he is sympathetic with the Jan 6th Insurrectionists.

[Baked Potato]

32. Yes, and his position was created by Democrats on GWB's watch.

I think there’s intimidation by right wing factions in the San Diego area. Good old Senator Durbin was the only NO.

[msfiddlestix]

33. We did need more judges in the region. It didn't have to be Right Wing Nut-Jobs

Durbin has always, always, always impressed the hell out of me with his courage and forthrightness.

I never understood why he wasn't made Senate Leader.

[Yo_Mama_Been_Loggin]

11. But there was no difference between Bush and Gore /s

[SoCalDavidS]

13. That Was The Day I Really Began Hating Being An American

It's only gone downhill from there.

I know that if I were from another country, I'd look at America and think they were a bunch of fucking idiots for allowing shit like this to happen.

[Grokenstein]

14. Ah, that brings back memories...of the SHEER STUPIDITY.

[NYC Liberal]

19. And some of the very same people told us the same story in 2016.

[SoCalDavidS]

12. Things Like This Really Make Me HATE This Country nt

[spanone]

20. This country is circling the toilet drain.

unfuckingbelievable.

[mnmoderatedem]

21. he compared the AR-15 to a Swiss Army knife. No really.

"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."


https://www.cnn.com/2021/06/05/us/california-gun-ban-overturned/index.html

[PCIntern]

23. You know...

After 22 years I just bought myself a new Swiss Army knife. The old knife was invaluable to me in many respects.

In the old days are used to carry a gravity knife for self-defense since I used to walk in the center of Philadelphia at all hours, and twice had to draw and open it. Several times I found myself smiling when I thought that the Swiss Army knife would help me in personal defense rather than the 5 1/2 inch blade, sharpened to perfection, of my weapon. Unless you’re making a movie, the Swiss Army knife would be useless in defense with an Individual who was bigger and stronger. To compare this tool with a weapon of annihilation is not even a joke.

[Sympthsical]

29. This reminds me of a Bill Burr video

He talks about guns for home defense.

The idea of someone needing an AR-15 for home defense is so preposterous.

[JHB]

25. Countdown to conservatives railing against "judicial activism" and "legislating from the bench"...

3
2
1
Crickets

[rockfordfile]

26. just knew it would be a idiot right-wing judge. Comparing a gun to a knife?

[Dial H For Hero]

27. Just as an FYI, the same judge ordered a temporary stay of 30 days on his own decision.

It will certainly be appealed to the 9th Circuit, at which point I expect it to be indefinately stayed. At that point I suspect it will be on its way to the Supreme Court.

[Hortensis]

28. I was going to post this. Also, for at least a couple years CA's AG has been

objecting to gun cases being assigned to Judge Benitez because of his record of striking down gun control laws.

"under a local court rule so-called “related cases” can be heard by the same judge."

[moondust]

30. RPGs for everybody!!!!

[IcyPeas]

36. this is infuriating to me. so instead of less guns we now have more AR-15 guns.

America. SMH