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Judge OVERTURNS California's 32 year ban on assault rifles after ruling it violates Second Amendment right to bear arms
Daily Mail ^

Posted on 06/04/2021 9:53:00 PM PDT by algore

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.

He handed down the two page ruling in response to a lawsuit filed against the State of California by James Miller, Patrick Russ, Ryan Peterson and the the San Diego County Gun Owners Political Action Committee.

The plaintiffs successfully argued that California's use of the term 'assault weapons' was 'a politically-concocted pejorative term designed to suggest that there is an inherently unlawful or illegitimate basis for owning otherwise common firearms protected by the Second Amendment.'

They added that California banned guns which should have been lawful to own by designating them assault weapons using faulty rationales, such as a rifle's ammunition capacity.

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: California
KEYWORDS: 2nd; 2ndamendment; 3rdthread; 5pt56; 9thcircuit; ar15; banglist; benitez; california; didyousearch; dubyajudge; guns; ninthcircuit; pennsylvania; pt223; rogerbenitez; rogertbenitez; sdcalifornia; secondamendent; seebreakingnews
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I have a friend who lives there. He was denied when trying to buy ammo because he does not have a gun in that caliber registered with the state.
1 posted on 06/04/2021 9:53:00 PM PDT by algore
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To: algore

That’s why (one reason of a myriad) I don’t live there anymore.


2 posted on 06/04/2021 9:57:04 PM PDT by null and void (When you put bad people in charge expect bad things to happen, often in a spectacular and sudden way)
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To: algore

The ban sure didn’t do much to stop the mass murderers here. Perps have no trouble buying weapons.


3 posted on 06/04/2021 9:57:47 PM PDT by KingofZion
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To: algore

32 years overturned by a simple 2 page ruling. Can a state be held liable for denying a constitutional right?


4 posted on 06/04/2021 10:00:15 PM PDT by Salvavida
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To: algore

Even though (as mentioned in other threads) this likely gets overturned by the 9th Circus, every little victory on the 2A gives Patriots more time to prepare for the time when we’ll actually need to use our guns.


5 posted on 06/04/2021 10:08:15 PM PDT by No_Mas_Obama
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To: algore

Ammo is one of many
Problems with California
But “Assault Weapons” to
Be available???
When?
Is this gonna be like
“FREEDOM Day” was
With Full Size Magazines?
Mother Love a Duck!


6 posted on 06/04/2021 10:15:32 PM PDT by Big Red Badger (Be Still and Know that I Am God. Rev 19)
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To: No_Mas_Obama

Yeah, it will be reversed by the 9th, setting up an appeal to SCOTUS. If there’s any hope for America, SCOTUS will find for the plaintiffs, and AR-15 bans will be dead for a generation, at least.

But I won’t hold my breath.


7 posted on 06/04/2021 10:20:05 PM PDT by Chad C. Mulligan (Eleutheromaniac)
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To: KingofZion

Didn’t stop the North Hollywood shooting in 1997.


8 posted on 06/04/2021 10:34:57 PM PDT by Extremely Extreme Extremist (Free Republic: The Internet's 1st social media platform. Since 1996.)
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To: algore

Gotta hand it to the judge, his “profiles in courage” moment. It took guts to adhere to the Constitution in our post constitutional republic, which I guess now is a “democracy”.


9 posted on 06/04/2021 10:36:55 PM PDT by krogers58
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To: algore

[[Judge OVERTURNS California’s 32 year ban on assault rifles]]

Sooo- people there can now own a dual fire, semi/fully auto gun? Because that is what an assault rifle is- by definition

but of course they don’t mean that- they mean that the judge overturned a ban on the ‘scary looking single fire semi automatic refiles’ that civilians have used for a long long time freely because our inalienable rights give us the right to self protection


10 posted on 06/04/2021 10:46:47 PM PDT by Bob434
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To: algore

[[They added that California banned guns which should have been lawful to own by designating them assault weapons using faulty rationales, such as a rifle’s ammunition capacity.]]

Exactly- a rifles ammo capacity does not make it an assault rifle- guns that are dual fire- with both semi and full auto capabilities, are assault rifles- semi automatic rifles only are not assault rifles-


11 posted on 06/04/2021 10:49:32 PM PDT by Bob434
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To: Chad C. Mulligan
Yeah, it will be reversed by the 9th, ...

This isn't clear to me. Trump did appoint many new judges to the 9th.

12 posted on 06/04/2021 11:02:51 PM PDT by nonsporting (To relieve sickness, sometimes one must hurl.)
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To: algore

I like this part of the judges reasoning most:

“In California, murder by knife occurs seven times more often than murder by rifle,” he added.”


13 posted on 06/04/2021 11:21:09 PM PDT by Az Joe (FREE CHAUVIN!)
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To: algore
I have a friend who lives there. He was denied when trying to buy ammo because he does not have a gun in that caliber registered with the state.

Your friend is pulling your leg. You can buy whatever ammo you want, regardless of what guns you have registered.

14 posted on 06/04/2021 11:59:49 PM PDT by ETCM
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To: krogers58
Gotta hand it to the judge, his “profiles in courage” moment.

This isn't a "moment" for Judge Benitez. This is just who he is. He's the same judge who struck down CA's magazine capacity law, and several others. Unfortunately, the 9th Circus will reverse him again. Reading his 2A opinions is always fun. I just wish we had a lot more judges like him.

15 posted on 06/05/2021 12:04:43 AM PDT by ETCM
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To: No_Mas_Obama
"...every little victory on the 2A gives Patriots more time to prepare for the time when we’ll actually need to use our guns."

You mean Thursday?

16 posted on 06/05/2021 12:27:43 AM PDT by The Duke (Search for 'Sydney Ducks' and understand what is needed.)
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To: algore

Dubya appointed judge.


17 posted on 06/05/2021 12:30:19 AM PDT by KC_Conspirator
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To: ETCM

Not sure, my friend may not have a cali license since he only stays there in the winter months

https://caligunner.com/california-ammunition-laws/


18 posted on 06/05/2021 12:56:08 AM PDT by algore
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To: algore

As I understand it, the gangs of Kalifornia are jumping for joy! They haven’t had any “assault” weapons for such a long time! /S


19 posted on 06/05/2021 2:28:40 AM PDT by Road Warrior ‘04 (BOYCOTT The NFL, MLB, NBA, NASCAR & Faux Snooze! Molon Labe! Oathkeeper! )
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To: algore

It is why a lot of Californians go to Las Vegas. To purchase Ammo.


20 posted on 06/05/2021 3:21:33 AM PDT by Joe Boucher (You Go Donald.)
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