Do you remember back in 2019 when Judge Roger Benitez, the messiah of gun rights in California, ruled that California’s magazine ban was unconstitutional, which briefly led to standard capacity magazines being pushed into The Golden State?
Well, right when you thought Benitez and the 9th Circuit Court of Appeals was done they came back strong in 2021 and ruled that California’s Assault Weapons Ban is unconstitutional. In the ruling Judge Roger Benitez (this guy, he’s a rare gem) stated:
“This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection, the banned ‘assault weapons’ aren’t bazookas, howitzers, or machineguns. Those arms are dangerous and solely useful for military purposes. Instead, the firearms deemed ‘assault weapons’ are fairly ordinary, popular, modern rifles.
This is an average case about average guns used in average ways for average purposes.”
While I don’t agree with everything he said in this statement, it’s the best step in the right direction I’ve seen from California since… well, I got into firearms. With that said, he didn’t stop there, no. Benitez continued on about the AR-15.
“Like the Swiss Army Knife, the AR-15 is a perfect combination of a home defense weapon and homeland defense equipment. Good for both home and battle. The AR-15 is a versatile gun that lies at an intersection of the kinds of firearms protected by District of Columbia v. Heller and United States v. Miller. Yet the State of California makes it a crime to have an AR-15 style rifle. Therefore, this court declares the California statues to be unconstitutional.”
While this ruling is absolutely fantastic news and arguably the biggest 2A news in the last few years, it doesn’t exactly go into effect immediately. Judge Benitez did issue a permanent injunction against enforcing the law, but he also issued a stay on it for 30 days by request of Attorney General Rob Bonta so he (the attorney general) could file an appeal. If nothing happens within the 30 days, the injunction against enforcing the law will become active.
Despite this not meaning that the Assault Weapons Ban is entirely gone, it’s the biggest move in the right direction seen since it was enacted; even bigger than the 2019 ruling that temporarily nullified California’s capacity ban.
While we’re on the topic of California’s capacity ban, I feel there’s someone deserving of a shout out, that’s former President Trump’s appointee to the 9th Circuit Court Judge Kenneth K. Lee. In the majority opinion of that ruling Judge Kenneth Lee wrote:
“California’s near-categorical ban on LCMs (large-capacity magazines) infringes on the fundamental right of self-defense.
It criminalizes the possession of half of all magazines in America today. It makes unlawful magazines that are commonly used in handguns by law abiding citizens for self-defense. And it substantially burdens the core right of self-defense guaranteed to the people under the Second Amendment.”
Before closing out this article I want to close it off with a wonderful quote from Judge Roger Benitez found within his ruling:
“One is to be forgiven if one is persuaded by news media and others that the nation is awash with murderous AR-15 assault rifles. The facts, however, do not support this hyperbole, and facts matter.
In California murder by knife occurs seven times more often than murder by rifle.”
In California murder by knife occurs seven times more often than murder by rifle.”
California might not be entirely lost… as Judge Benitez also said,
“Under no level of heightened scrutiny can the law survive.”
“Under no level of heightened scrutiny can the law survive.”
We need more federal judges that think along the same lines as Judge Roger Benitez. People that actually look at objective fact, not irrational emotions.
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Supporting Articles:
- The Reload
- ABC News
- CBS San Francisco
- NPR (In regards to Judge Kenneth K. Lee)