Judge Slaps Down Ban, Rules It is Unconstitutional… Again

Judge Slaps Down Ban, Rules It is Unconstitutional

(UnitedVoice.com) – California is known for its strict gun control laws. It has had an assault weapons ban for three decades. Ironically, the state is also known for its gun violence. Recently, a judge slapped down a law passed by the state’s liberal lawmakers for the second time.

On October 19, US District Judge Roger Benitez of San Diego struck down the state’s assault weapons ban for being “unconstitutional.” He said the state claims its assault weapons ban “promotes an important public interest of disarming some mass shooters” but has prevented “law-abiding residents who insist on acquiring these firearms for self-defense.”

The judge gave the state 10 days to seek a stay from the 9th Circuit Court of Appeals. California Attorney General Rob Bonta wasted no time. NPR reported that he said his office has already filed a notice of appeal. He went on to say, “Weapons of war have no place” on the state’s streets. He said his office will keep fighting to preserve the state’s rights to keep California residents “safe from firearms that cause mass casualties.”

Bonta also wanted residents to know that it is still illegal to buy, sell, or possess those weapons at this time.

Benitez’s ruling is almost identical to the one he issued in 2021. At that time, he called the assault weapons ban disrespectful of America’s freedom. He also said it was a “failed experiment.” In September, he also struck down a law preventing gun owners from possessing detachable magazines capable of holding more than 10 rounds.

Alan Gottlieb, the Second Amendment Foundation’s executive vice president, issued a statement saying that the group always knew California’s assault weapons ban didn’t pass constitutional muster. He said the Supreme Court’s 2022 Bruen case, which expanded gun rights and removed the “notion of ‘interest balancing’” in regards to the Second Amendment.

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