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A federal judge has struck down California's ban on assault weapons, ruling it unconstitutional and offering a defence of the AR-15 in his ruling which angered family members of those killed by such weapons.
Judge Roger T Benitez, who has favoured gun rights organisations in previous rulings, described the rifle – which has been the go-to gun for many of the nation's deadliest mass shooters – as the pinnacle of home self-defence.
"Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defence weapon and homeland defence equipment," he wrote in his decision on Friday. "Yet, the State of California makes it a crime to have an AR15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional."
He claimed the AR-15 should be legally protected for its "militia readiness."
The state's Democratic Governor Gavin Newsom was infuriated by the ruling and suggested the judge's description of the weapon invalidated the soundness of his ruling.
[highlight=yellow]“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 and is a slap in the face to the families who’ve lost loved ones to this weapon,” he said.[/highlight]
The state has already announced its intentions to appeal the ruling.
"Today's decision is fundamentally flawed, and we will be appealing it," Attorney General Rob Bonta said. "There is no sound basis in law, fact, or common sense for equating assault rifles with Swiss Army knives."
I know I use my Swiss Army Knife to quickly and effectively carry out mass killings, and my AR-15 to cut twine and open bottles. Both items are super convenient to carry. I mean, they’re practically interchangeable
True, 9th Circuit will be along forthwith, but Judge Benitez has at least stirred the pot, setting up the possibility that maybe the SCt will take it up. Getting his decision overturned by the 9th Circuit is the only way to get in front of the Supremes -- if they grant cert. If they don't, well, we're no worse off than before.kenpoprofessor said:Ninth Circus will shoot him down, so it's just pissing in the wind, as he allowed a stay of his order until appeal.
Have a great, gun carryin', Kenpo day
Clyde
smithers599 said:True, 9th Circuit will be along forthwith, but Judge Benitez has at least stirred the pot, setting up the possibility that maybe the SCt will take it up. Getting his decision overturned by the 9th Circuit is the only way to get in front of the Supremes -- if they grant cert. If they don't, well, we're no worse off than before.
Judge Benitez for the Supreme Court, after Trump gets re-elected in 2024! ;-)
xerts1191 said:https://rumble.com/viwh47-9th-circuit-court-blocks-california-assault-weapon-ban-repeal.html
9th puts the skids on Cal.repeal
kenpoprofessor said:Ninth Circus will shoot him down, so it's just pissing in the wind, as he allowed a stay of his order until appeal.
Have a great, gun carryin', Kenpo day
Clyde
Yes, we all agree you are a jeenyus, but there wasn't anybody who didn't know the 9th C. would overturn him. The judge knew that. The point was to try to get the case in front of the Supremes before President Harris could pack the court. This was just the opening bid.kenpoprofessor said:kenpoprofessor said:Ninth Circus will shoot him down, so it's just pissing in the wind, as he allowed a stay of his order until appeal.
Have a great, gun carryin', Kenpo day
Clyde
There are times when I'm wrong, but it's not often :mrgreen: :mrgreen: :mrgreen: :mrgreen:
Have a great, gun carryin', Kenpo day
Clyde
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