Free Republic

Feb 21 (Reuters) - A federal judge on Wednesday blocked California's attorney general from enforcing a new law that allows residents, the state and local governments to sue members of the firearms industry that manufacture or sell "abnormally dangerous" guns. U.S. District Judge Andrew Schopler in San Diego sided with, opens new tab a firearms industry trade association in finding that part of a gun control measure signed into law by Democratic Governor Gavin Newsom in 2022 was likely unconstitutional. It is the first ruling in a case challenging the constitutionality of California's Firearm Industry Responsibility Act. The law was...

A federal judge on Wednesday ordered a San Diego-area school district to reinstate two teachers who were placed on administrative leave for refusing to keep students’ gender transitions a secret from parents.The order from Judge Roger Benitez says the teachers, who haven’t been allowed in their classrooms since last May, must be allowed to return by next Tuesday, Jan. 15. In September, Benitez blocked their employer, Escondido Union School District, from forcing them to comply with their policy to socially transition kids to different gender identities behind their parents’ backs."Both sides are expected to work in good faith going forward...

It’s not the first time that U.S. District Judge Roger Benitez has determined that California’s ban on “large capacity” magazines violates the Second Amendment, but hopefully this time the decision will stick. Benitez issued his first ruling before the Bruen decision was released last year, but the Ninth pulled its typical move and overruled him in an en banc review, sending the case to the Supreme Court. After Bruen, the Supreme Court granted cert and remanded the case back to the Ninth Circuit with instructions to reconsider in light of the text, history, and tradition test it laid out, but...

A San Diego federal judge has issued a ruling that blocks four provisions of California’s strict handgun law, becoming the second U.S. district judge within two weeks to rule that parts of the state’s Unsafe Handgun Act likely violate the Second Amendment. Judge Dana Sabraw’s ruling in the San Diego case could potentially open the door for Californians to purchase hundreds of types of semiautomatic pistols that state officials currently deem “unsafe” and thus do not include on a roster of approved handguns. But the judge issued a stay on his decision, giving Attorney General Rob Bonta time to appeal...

The military contractor known as “Fat Leonard,” the mastermind behind the worst public corruption scandal in U.S. Navy history who was three weeks away from being sentenced in the case, is on the run. Leonard Glenn Francis, who has been under house arrest, cut off his GPS monitoring ankle bracelet and absconded from his San Diego home sometime Sunday morning, said Supervisory Deputy U.S. Marshal Omar Castillo. Pretrial Services, the federal agency monitoring Francis, was alerted to an anomaly with Francis’ bracelet, and Francis’ defense team went to check on him, knowing he has a history of health issues. An...

A U.S. appeals court ruled Wednesday that California's ban on the sale of semiautomatic weapons to adults under 21 is unconstitutional. In a 2-1 ruling, a panel of the San Francisco-based 9th U.S. Circuit Court of Appeals said Wednesday the law violates the Second Amendment right to bear arms and a San Diego judge should have blocked what it called "an almost total ban on semiautomatic centerfire rifles" for young adults.

The 9th U.S. Circuit Court of Appeals, however, ruled that a hunting license requirement for purchases of rifles or shotguns by adults under 21 who are not in the military or law enforcement was reasonable A U.S. appeals court on Wednesday ruled that California's ban on the sale of semiautomatic weapons to adults under 21 is unconstitutional, a move gun-rights advocates hope will pave the way for similar rulings in other courts. The San Francisco-based 9th U.S. Circuit Court of Appeals said the law violates the Second Amendment and that a San Diego judge should have blocked what is called...

LOS ANGELES -- A U.S. appeals court ruled Wednesday that California's ban on the sale of semiautomatic weapons to adults under 21 is unconstitutional. In a 2-1 ruling, a panel of the San Francisco-based 9th U.S. Circuit Court of Appeals said Wednesday the law violates the 2nd Amendment right to bear arms and a San Diego judge should have blocked what it called "an almost total ban on semiautomatic centerfire rifles" for young adults.

Signed into law by Gov. Gavin Newsom last September, Assembly Bill 173 amended state firearms laws to allow California to turn over gun owners’ personal information to gun violence researchers. Finding there was no “emergency” to warrant restraining California from sharing millions of gun owners’ personal information with gun violence researchers, a federal judge Wednesday declined to block the state’s enactment of Assembly Bill 173.U.S. District Judge Larry Alan Burns heard from attorneys for Jane and John Does and Attorney General Rob Bonta regarding a constitutional challenge to Assembly Bill 173, a law which amended California firearms laws to authorize...

The 9th Circuit, acting on a June 10 appeal filed by Atty. Gen. Rob Bonta, put Benitez’s ruling on hold pending a full-blown decision. “This leaves our assault weapons laws in effect while appellate proceedings continue,” Bonta said said in a tweet. “We won’t stop defending these life-saving laws.” The 9th Circuit judges on the panel issuing the stay were Barry G. Silverman, a Clinton appointee, Jacqueline Nguyen, an Obama appointee and Ryan D. Nelson, a Trump appointee. Benitez, appointed by former President George W. Bush, said the weapons ban unconstitutionally infringed on the rights of California gun owners and...

California officials are vowing to fight back after a federal judge overturned the state’s 30-year-old ban on assault weapons. In ruling the ban unconstitutional, U.S. District Judge Roger Benitez compared the AR-15 semiautomatic rifle to a Swiss Army knife, calling it “good for both home and battle.”Benitez, of the Southern District of California, issued a permanent injunction against the law’s enforcement but stayed it for 30 days to give the state a chance to appeal. California is one of seven states, plus Washington, D.C, that ban assault weapons, according to the Brady Campaign to Prevent Gun Violence.

A federal judge overturned California's 32-year-old ban on so-called assault-style 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 the 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...

A federal judge has struck down California’s controversial “assault weapons” ban, ruling late on Friday that the move is "unconstitutional." “This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection,” Judge Roger T. Benitez of the Southern District of California wrote.

A federal judge in San Diego on Friday overturned California’s three-decade ban on assault weapons, saying it violates the Second Amendment."Under no level of heightened scrutiny can the law survive," U.S. District Judge Roger Benitez said before issuing a permanent injunction that takes effect in 30 days. Benitez argued the state’s definition of illegal military-style rifles bans firearms allowed in other states, depriving California gun owners of their rights.He compared the AR-15 rifle to a Swiss Army knife, saying it’s "a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle."

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...

SAN DIEGO, CA (June 4, 2021) — Today, Firearms Policy Coalition (FPC) announced that Judge Roger T. Benitez of the Southern District of California has issued an opinion in Miller v. Bonta (previously Miller v. Becerra), holding that California’s tyrannical ban on so-called “assault weapons” is unconstitutional under the Second Amendment. The opinion, along with other filings in this case, can be viewed at AssaultWeaponLawsuit.com. In 2019, FPC developed and filed Miller v. Becerra, a federal Second Amendment challenge to California’s Assault Weapons Control Act (AWCA) ban on common semiautomatic arms with certain characteristics, including those with ammunition magazines that...

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 AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939). Yet, the State of California makes it a crime to have an AR- 15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional. Plaintiffs challenge a net of interlocking statutes which impose...

Appeals court panel says interstate haulers are not exempt from AB 5 law. Interstate truckers could soon come under California’s highly restrictive independent contractor law because of a recent federal appeals court decision. A three-judge panel for the U.S. Ninth Circuit Court of Appeals voted 2-1 that a federal law called the Federal Aviation Administration Authorization Act (FAAAA) does not preclude application of the state’s AB 5 contractor law to trucking companies operating in interstate commerce. In early 2020, before the new law went into effect, a federal district court judge granted an injunction barring the state from enforcing it...

Early 20th Century police batons in Edingburg Police Centre Museum by Kim Traynor, CC BY-SA 3.0, via Wikimedia Commons One of the very few Second Amendment cases heard by the Supreme Court in the last decade was Caetano v. Massachusettes, decided March 21, 2016. The Court has held that “the Second Amendment ex-tends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States,” McDonald v....

On 28 August 2020, Attorney General Becerra of California petitioned the Ninth Circuit to review the case of Duncan v. Becerra. The review would be of the three-judge panel which held the California ban on magazines that hold over 10 rounds of ammunition to be unconstitutional. From the Petition for En Banc: 1 INTRODUCTION AND RULE 35 STATEMENTCalifornia respectfully petitions for rehearing en banc of the panel’s decision, which invalidates a state law restricting large-capacity magazines that can hold more than 10 rounds of ammunition (LCMs). California voters adopted the current LCM law in response to a spate of mass...