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Discussion Starter · #1 · (Edited by Moderator)
The judge in the Miller v Becerra case ruled the California assault weapons ban is unconstitutional. The decision will be appealed by the state to the 9th circuit but it's a decision that further primes an eventual challenge of assault weapons bans in other state by the Supreme Court.

https://storage.courtlistener.com/recap/gov.uscourts.casd.642089/gov.uscourts.casd.642089.115.0.pdf

JUDGMENT. Following a bench trial and the Courts Decision in this matter dated June 4, 2021, IT IS HEREBY ORDERED AND ADJUDGED that: 1. Judgment is entered in favor of Plaintiffs. 2. California Penal Code §§ 30515(a)(1) through (8) (defining an assault weapon by prohibited features), 30800 (deeming certain assault weapons a public nuisance), 30915 (regulating assault weapons obtained by bequest or inheritance), 30925 (restricting importation of assault weapons by new residents), 30945 (restricting use of registered assault weapons), and 30950 (prohibiting possession of assault weapons by minors), and the penalty provisions §§ 30600, 30605 and 30800 as applied to assault weapons defined in Code §§ 30515(a)(1) through (8) are hereby declared unconstitutional and shall be enjoined. Defendant Attorney General Rob Bonta, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know of the existence of this injunction order, are enjoined from implementing or enforcing the California Penal Code §§ 30515(a)(1) through (8) (defining an assault weapon by prohibited features), 30800 (deeming those assault weapons a public nuisance), 30915 (regulating those assault weapons obtained by bequest or inheritance), 30925 (restricting importation of those assault weapons by new residents), 30945 (restricting use of those registered assault weapons), and 30950 (prohibiting possession of those assault weapons by minors), and the penalty provisions §§ 30600, 30605 and 30800 as applied to assault weapons defined in Code §§ 30515(a)(1) through (8). 3. Defendant Attorney General Rob Bonta shall provide forthwith, by personal service or otherwise, actual notice of this order to all law enforcement personnel who are responsible for implementing or enforcing the enjoined statute. Within 10 days, the government shall file a declaration establishing proof of such notice. Alternatively, the parties may file a stipulation. Signed by Judge Roger T. Benitez on 6/4/2021.(mme) (Entered: 06/04/2021)
 

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I hope this will be heard by the SCOTUS in a few years. California is appealing it to the 9th.
 

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Good news but the Judge gave Commiefornia 30 days to appeal and they will.

That said this bis a good one to watch
 

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Good news but the Judge gave Commiefornia 30 days to appeal and they will.
That said this bis a good one to watch
The Judge did it with the Standard capacity magazines in California known as Freedom week. That case might open things up. Completely changing those states 10 round magazine restrictions.
 

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Let’s hope SCOTUS rules that an individual right extends outside the home this fall. So far, New York hasn’t found a way to moot this case.
 

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Judge Benitez wrote that the case was 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 failed experiment."
"It should be an easy question and answer," Judge Benitez, who was nominated by former President George W. Bush, continued. "Government is not free to impose its own new policy choices on American citizens where constitutional rights are concerned."
The judge wrote that the firearms banned under the state's law were not "bazookas, howitzers or machine guns," but rather "fairly ordinary, popular, modern rifles."
 

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Here's the way Reuters reported this.

Gary

US federal judge overturns California's ban on assault weapons
By Kanishka Singh

(Reuters) - A U.S. federal judge overturned California's 32-year-old ban on assault 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 assault 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 failed experiment," judge Roger Benitez of the U.S. District Court for the Southern District of California wrote in the court order filed late on Friday.
"Government is not free to impose its own new policy choices on American citizens where Constitutional rights are concerned," the order added.
"It is declared that these statutes unconstitutionally infringe the Second Amendment rights of California citizens," the court filing concluded. The Second Amendment of the United States Constitution guarantees citizens the right to bear arms.
The federal judge said that he had granted a 30-day stay of the ruling at the request of California Attorney General Rob Bonta, a move that would allow Bonta to appeal it.
"Today's decision is fundamentally flawed, and we will be appealing it," Bonta said in a statement.
Seven states, including California, and the District of Columbia have enacted laws banning assault weapons, according to the Giffords Law Center, a gun-control group.
Gun control is a politically divisive subject in the United States, which has experienced a significant number of deadly mass shootings at schools and other public venues for decades.
California Governor Gavin Newsom described Friday's overturning of the ban on assault weapons as a direct threat to public safety and called it a "disgusting slap" in the face to those who have lost loved ones to gun violence.
"The fact that this judge compared the AR-15 - a weapon of war that's used on the battlefield - to a Swiss army knife completely undermines the credibility of this decision," the governor said in a statement.
"Like the Swiss army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment," the judge had said in the order filed on Friday.
 
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