News – Federal judge overturns California’s ban on assault weapons and likens AR-15 to Swiss Army knife

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The Ninth Circus? Really? That Benitez guy is gonna be the patron saint of Ballistic-Americans at the rate he’s going. The meme AR lowers are sure to be out next week.

(CNN)A federal judge overturned California’s longtime ban on assault weapons on Friday in a ruling that likened the AR-15 to a Swiss Army knife.

Assault weapons have been banned in California since 1989, according to the ruling. The law has been updated several times since it was originally passed.
According to the ruling by US District Judge Roger Benitez of San Diego, the assault weapons ban violates the Second Amendment’s right to bear arms and deprives Californians from owning assault-style weapons commonly allowed in other states. Benitez issued a permanent injunction Friday so the law cannot be enforced.
“Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment,” Benitez said in the ruling. “Firearms deemed as ‘assault weapons’ are fairly ordinary, popular, modern rifles.”

13 thoughts on “News – Federal judge overturns California’s ban on assault weapons and likens AR-15 to Swiss Army knife”

  2. Commander:
    Will this apply to Caliph-ornia only, or can it be applied to other States?
    Can this example of common-sense be used by others, or will it be fought “to the knife” by the anti-Americans…

    • It’s a federal court ruling, citable anywhere in the country.

      But it’s not final until the appeals are exhausted.

      I.e., the Ninth Circus three judge, then en banc, and finally SCOTUS.

      It’s not the end, but it’s a great start.

      • If (and that’s a big if), it gets to SCOTUS, and is upheld by the Nazgul, such a ruling strikes down any and all AWBs, nationwide.
        NYFS, Joisy, MAssholia, etc., or even any attempt in the US Congress.

        Schumer’s head would explode. Literally.
        (I live in hope.)

        O frabjous day!
        Callou! Callay!

  4. My prediction. He will be overturned by the 9th just like several other of his rulings . SCOTUS will refuse to hear it. Nothing changes.

    • It’s hard to say if this will be overturned at the Ninth Circuit. It’s certainly possible, maybe even likely, but Trump definitely had a major influence on the Ninth Circuit. There are 29 appellate judgeships (all of them currently filled), and Trump appointed 10 of them. Now, Republicans have a tendency to exercise poor judgment when it comes to judges, and some Republicans (“W”) are little better than Democrats in the statist views, so it’s hard to say. And too, Clinton and Obama together appointed 16 of the 29 judges, so the court still leans left. Clinton appointees can sometimes prove to be less dogmatic in their views. Don’t bet the farm on any Obama appointee though, the left was in full destroy mode with his appointments. All of that being said, the Ninth Circuit has definitely leaned less liberal in recent years as a result of Trump’s (McConnell’s) appointments, so … who knows. The other problem even Bush and Trump appointees face is in their training: they’re taught to honor “precedent”. For our analysis, that often means past cases decided by the Ninth Circuit itself, and they definitely have a lot of anti-gun precedent in their prior rulings.

  5. Great ruling but I wish that his opinion (aka legal ruling and explanation) stuck to the. Constitution and did not sound like it was written by someone who used a heavy dose of personal bias.
    Frankly that language, in its eagerness to qualify ARs as just a modern multipurpose rifle, itself laid out limitations that do not exist in the US Constitution.
    Still, a win is a win.

    • I’d suspect that his offered “opinions” are taken verbatim from the arguments in the case presented by the attorneys. If not, his ruling would be seen as very suspect during any appeals.
      Assuming that is the case, it was a very well laid out argument.

  6. How long before his “suicide”, or “something” is found on his computer, or may be both?
    I give it a less than a month [and only that long as they are in short supply] before Palmetto State Armory has a Benitez lower out.

  8. Aheinousanus , I agree. He mentions a lot of things that have been used to limit gun ownership in the past as if they were law, and fine with him.

    n

  9. After his ruling is overturned, they will come for our Swiss Army knives.

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