In yet another key victory for California gun owners, Judge Roger Benitez of the U.S. Southern District of California ruled yesterday that the state's decades-old ban on "Assault Weapons" is unconstitutional.
In his 79-page decision, Judge Benitez, who has authored a handful of recent pro-2A decisions in recent years, clearly articulates how the California law runs afoul of Heller and Bruen and painstakingly details the rationale behind his decision. As noted by our friends at the California Rifle & Pistol Association, Judge Benitez also reflects on the value of lives saved as a result of defensive gun use.
Benitez writes: ”This Court understands the unquestionable tragedy caused by lawless individuals using modern semi-automatic guns or any gun to injure or kill innocent men, women, or children. Their lives are important. But are their lives any more important than Jane Doe’s or the lives of her family? We hear constantly about mass shootings for days and weeks and on anniversaries. But how often do we celebrate the saving of the life of Jane Doe because she was able to use a semi-automatic weapon to defend herself and her family from attackers? Are the lives of Jane, John, and Junior Doe worth any less than others? Are they less important?”
The injunction issued in Benitez’ ruling is stayed for ten days from the date of the order to give the state time to appeal. The state will undoubtedly appeal, as they have from recent pro-2A decisions such as Duncan v. Bonta, and some of those cases may be headed all the way to the Supreme Court.
As with the upcoming U.S. v. Rahimi, and many other cases nationwide, the methodology used by courts in applying the Bruen standard remains a central issue for 2A advocates to watch. More progressive judges twist logic to circumvent Bruen, as exemplified by the Ninth Circuit’s recent claim that magazines are NOT arms as defined by the Second Amendment and, therefore, not even subject to the protections offered by Bruen.
Will these and other convoluted arguments take hold nationally? Gun control advocates certainly hope so. 2ALC and our allies across the country will continue to fight back to produce more wins like this one.
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