The Left is ramming its agenda through wherever possible. But this threw a wrench in the gears.
And a landmark court ruling destroys this major Democrat’s entire world.
It doesn’t matter to the Democrat party if their agenda is Constitutional.
To them, it’s an old piece of parchment that’s meaning can change with the whims of the day.
Unfortunately for them, that’s now how the courts view it.
And now a federal judge ruled Thursday that California’s 33-year-old legislation prohibiting assault rifles is unconstitutional and violates the right to bear arms.
In ruling against California’s assault weapons ban, US District Judge Roger Benitez cited the Second Amendment’s right to “keep and bear arms” as well as the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which established that gun restriction measures must be “consistent with this nation’s historical tradition of firearm regulation.”
“Like the Bowie Knife which was commonly carried by citizens and soldiers in the 1800s, ‘assault weapons’ are dangerous, but useful,” Benitez wrote in his 79-page decision.
“But unlike the Bowie Knife, the United States Supreme Court has said, ‘[t]here is a long tradition of widespread lawful gun ownership by private individuals in this country.’”
Benitez contended that the 1989 statute prohibiting the possession of high-capacity, semi-automatic guns, such as the AR-15, in California creates “the extreme policy that a handful of criminals can dictate the conduct and infringe on the freedom of law-abiding citizens.”
“California’s answer to the criminal misuse of a few is to disarm its many good residents. That knee-jerk reaction is constitutionally untenable, just as it was 250 years ago,” he added.
California Attorney General Rob Bonta promptly filed an appeal notice following the San Diego-based judge’s judgment, claiming that the decision is “dangerous and misguided.”
“Weapons of war have no place on California’s streets,” said Bonta in a statement.
“This has been state law in California for decades, and we will continue to fight for our authority to keep our citizens safe from firearms that cause mass casualties.”
Benitez granted Bonta’s request for a stay of the ruling until the US Court of Appeals for the Ninth Circuit heard the state’s appeal, which means that California’s assault weapon limits will remain in effect for the time being.
Benitez had earlier deemed California’s assault weapon ban illegal in 2021, but the 9th Circuit annulled that decision and later asked the court to revisit the issue in light of the Supreme Court’s New York opinion in 2022.
The San Diego County Gun Owners Political Action Committee, California Gun Rights Foundation, Second Amendment Foundation, and Firearms Policy Coalition brought the lawsuit on which Benitez ruled.
It is one of several lawsuits filed against California’s tough gun control laws, which many Democratic congressional members and President Biden want to replicate on a federal level.
And now, law-abiding patriots have scored a massive victory.
Stay tuned to The Federalist Wire.
