Judge overturns California’s 32-year ban on assault weapons (AP via Yahoo)
Fri, June 4, 2021, 8:24 PM
SACRAMENTO, Calif. (AP) — A federal judge has overturned California’s three-decade-old ban on assault weapons, calling it a “failed experiment” that violates people’s constitutional right to bear arms.
U.S. District Judge Roger Benitez of San Diego ruled on Friday that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court.
“Under no level of heightened scrutiny can the law survive,” Benitez said. He issued a permanent injunction against enforcement of the law but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal.
“Like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle,” the judge said in his ruling’s introduction.
With the “…Swiss Army Knife, the popular AR-15 rifle…” comparison statement, this judge watches to many movies and does not know shit about close quarter combat. Using a short barreled pistol is more effective in close quarters. The judge also made the statement that more people are killed with a knife than a gun. That story comes from a 2017 Breitbart.com piece which use flawed methods by removing data. Also, according to the article, this is not the first time the judge has made this type of ruling.
About the problems with the 2017 Breitbart story
June 5, 2021 at 8:23 PM #427871NV WinoModerator
- Total Posts: 7,405
A judge appointed by Bush.
June 5, 2021 at 8:36 PM #427872
Federal judicial service
In 2001, Benitez was appointed by the United States District Court for the Southern District of California to serve as a United States Magistrate Judge. Then, on May 1, 2003, he was nominated by President George W. Bush to a new seat on the Southern District of California created by 116 Stat. 1758. Benitez was confirmed by the United States Senate on June 17, 2004, and received his commission on June 21. He assumed senior status on December 31, 2017.
In 2019, Benitez granted summary judgment in a lawsuit against California’s ban on large capacity magazines. The opinion addressed the lengthy history of firearms and self-defense rights in America, and the roots in English history. California Attorney General Xavier Becerra appealed the ruling to the 9th Circuit. In 2020, a three-judge panel affirmed Benitez’s grant of summary judgment in a 2-1 decision authored by Judge Kenneth Lee. The attorney general requested an en banc rehearing of the case, and on February 25, 2021, the court stated that it would rehear the case and scheduled a hearing for June 22nd, 2021.
June 6, 2021 at 12:08 AM #427920
The ban had worse than ZERO effect. Gun deaths as a % of all violent deaths went UP after the ban.
June 6, 2021 at 1:32 AM #427927
Below is a table of California gun deaths:
Below is a table of population growth
In California, 2009 -2018 gun deaths (decrease) compared to population (growth) has actually gone down both in numbers and percentage.
That is not the point. Below is a FBI report from 2016 to be used as an example.
According to the Judge, to gauge how successful California gun laws are, compare Rifles to Knives. As you can see, according to the FBI, Knives are used more often to kill than Rifles. Except there is a column which is labeled Firearms (type unknown). Now the Judges argument becomes nonsense when there is a big unknown in the firearm statistic. That is the point.
More to the point, the Judge got that talking point from a bullshit right-wing Website.
June 6, 2021 at 2:41 AM #427933
June 6, 2021 at 2:49 AM #427935
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