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U.S. federal judge overturns California's ban on assault weapons

Published 06/05/2021, 08:52 AM
Updated 06/05/2021, 04:05 PM
© Reuters. FILE PHOTO: AR-15 style rifles are displayed for sale at Firearms Unknown, a gun store in Oceanside, California, U.S., April 12, 2021. REUTERS/Bing Guan

By Kanishka Singh

(Reuters) - A U.S. federal judge overturned California's 32-year-old ban on assault weapons on Friday, describing it as a "failed experiment" and prompting scathing criticism from the state's governor and attorney general.

California has prohibited the sale of assault weapons since 1989. The ban was challenged in a 2019 lawsuit against California's attorney general by plaintiffs including James Miller, a state resident, and the San Diego County Gun Owners, a political action committee.

"This case is about what should be a muscular constitutional right and whether a state can force a gun policy choice that impinges on that right with a 30-year-old failed experiment," judge Roger Benitez of the U.S. District Court for the Southern District of California wrote in the court order filed late on Friday.

"Government is not free to impose its own new policy choices on American citizens where Constitutional rights are concerned," the order added.

"It is declared that these statutes unconstitutionally infringe the Second Amendment rights of California citizens," the court filing concluded. The Second Amendment of the United States Constitution guarantees citizens the right to bear arms.

The federal judge said that he had granted a 30-day stay of the ruling at the request of California Attorney General Rob Bonta, a move that would allow Bonta to appeal it.

"Today's decision is fundamentally flawed, and we will be appealing it," Bonta said in a statement.

Seven states, including California, and the District of Columbia have enacted laws banning assault weapons, according to the Giffords Law Center, a gun-control group.

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Gun control is a politically divisive subject in the United States, which has experienced a significant number of deadly mass shootings at schools and other public venues for decades.

California Governor Gavin Newsom described Friday's overturning of the ban on assault weapons as a direct threat to public safety and called it a "disgusting slap" in the face to those who have lost loved ones to gun violence.

"The fact that this judge compared the AR-15 – a weapon of war that's used on the battlefield – to a Swiss army knife completely undermines the credibility of this decision," the governor said in a statement.

"Like the Swiss army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment," the judge had said in the order filed on Friday.

Latest comments

Don't get fooled guys. I support everyone owning firearms and the government should back off, but this win is a trick. It is being used to set up a bigger target at the national level. It appears that the case being lost for anti-gun supporters was supposed to happen. This way it can be appealed to the 9th circuit and sent to the supreme court in the process of appeals. If it was won in California alone, then Only California would see restrictions and bans. However, if they can appeal it to the supreme court, the decision there would be a national decision, there by banning sales in Tennessee for an example. This is part of a bigger plan.
Good.
Just in time for the "global minimum corporate tax". Good, we're going to need them.
Every US citizen should be issued several side arms at birth and become efficient by 10 years of age. Most all violence would disappear.
We should all know by now that the term “assault” refers primarily to style, not function. Other weapons would do the same job. Why don’t the politicians tackle the real issue...motive, not the weapon chosen.
Society come up with new words all the time. Assault weapon came out long ago, it means loosely combat, mil equiv rifles.
as one of the 7.3 billion persons not living in the US, this second amendment thing is so fascinating.
As one of the 330 million Americans, I wish every country had their own second amendment.
It is awesome!!!!
Screw the communist in CA
"assault" weapons is a made up bs term top promote an anti gun agenda. if I hit you with a bat is that an"assault"bat? and if I use my car to run you over is that an"assault"car. it's complete made up nonsense
excellent move by the judge commiefornia always telling you how to live your life and what you can and can't do.
What is an assault weapon?
lol this guy insults people for their intelligent but dont know ‘assult weapons’.
It was sardonic, but that obviously flew over your head. For the beginner, there is no such thing as an assault weapon. Assault is an adjective, which means you can place it before any word, if the action is by term its definition. Which means, a knife, a car, a tree branch can be designated as an "assault" (insert word). This is how ignorant you still remain
It's a made-up term used to steal human rights.
Regrettably I strongly agree with the Judge. As the Putin puppet, Trump tried and is still trying to overthrow our democratically elected government, I bought weapons to defend the people and the constitution of the United States. Once someone like Trump or ********subjugate the masses, the threat of the people willing to stand up for their rights and defend democracy is the only thing keeping a openly corrupt government in check.
Nice useless comment of pure ignorance, in spite of the evidence. You do our "government" proud.
The election was stolen, everyone knows it, but we can't do anything about it yet.
LOL
When u live in crowded place in Ca such as LA, OC, San Fran,etc u dont need assualt rifles to defense ur home period.
yes you're clueless. leave the debate to the logical, not the TV watching brain dead ***
With Trump bragging about sexually assaulting women, promoting racism, and attempting to over our government, is there any wonder why this country was tearing itself apart? Stop what was causing the unrest rather than adding to it.
The point is that the government has no power to tell you how to defend yourself, your family, or your property. If you are really so weak that you need to be told how to live your life you should just admit that and move to China. Or Canada.
Almost all Californians dont like in the wild like Wyoming, Montana,etc. they dont need those guns. The rule is bone/head.
You don't understand the issue. At all.
If you want to change a constitutional right just do it the way the constitution tells you to. Otherwise you violate your oath of office and are a traitor.
nah I actually find this a bad thing. these liberal aren't gonna let up till they win.
2d amendment should prevail.
You are still allowed to bear arms. Assault rifles are not neccessary.
 You're on the wrong side of Liberty, red coat.
 Let's consult the "Bill of Necessities". Oh wait, that doesn't exist.
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