Federal Judge Overturns California Assault Weapons Ban, Governor Slams ‘Threat to Public Safety’
By: Ross A. Lincoln
S E E D E D C O N T E N T
Federal Judge Overturns California Assault Weapons Ban, Governor Slams ‘Threat to Public Safety’
State Attorney General wins 30-day stay to appeal decision reversing 32-year old ban
2015-San-Bernardino-Mass-Shooting-Confiscated-Weapons (Getty)
A federal judge has ruled that California’s decade-old assault weapons ban is unconstitutional, calling it a “failed experiment.” In response, California Governor Gavin Newsom called the decision “a direct threat to public safety and the lives of innocent Californians.”
But judge Roger T. Benitez of the United States District Court for the Southern District of California granted a 30-day stay so that California Attorney General Rob Bonta can appeal the ruling.
Benitez, a 2001 George W. Bush appointee, said that portions of California’s penal code pertaining to assault weapons are “hereby declared unconstitutional and shall be enjoined,” according to the New York Times . He further stated that the case concerned “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. Government is not free to impose its own new policy choices on American citizens where constitutional rights are concerned,” Benitez added.
Benitez didn’t explain what he meant by “failed experiment.” The second amendment to the U.S. Constitution states “A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” No court case has yet reconciled “well regulated militia” with “shall not be infringed.”
“Overturning CA’s assault weapon ban and comparing an AR-15 to a SWISS ARMY KNIFE is a disgusting slap in the face to those who have lost loved ones to gun violence,” Newsom said in a statement Friday night . “This is a direct threat to public safety and innocent Californians. We won’t stand for it.”
In a separate statement attributed to the Office of the Governor, Newsom said “We won’t back down & we will fight for common sense gun laws.”
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Benitez didn’t explain what he meant by “failed experiment.”
A total failure to explain a supposed failure. Those who think they can hold back a government with an assault rifle really ought to familiarize themselves with the concept of a tank.
Buzz, I was once with you on this, but after what has been done to our police, I now think every adult should have a gun - starting with our Asian-Americans living in inner city neighborhoods.
Well, I've been chastised for my "tongue-in-cheek" suggestion - because so many people already have guns and there is such resistance to controls, then guns and ammo should be distributed to every person in America over the age of 12. That would probably be easier than trying to amend the Second Amendment. More seriously, taking note that Americans need to be rewarded for being vaccinated, try the same method being used there - have a lottery among people who give up their guns with prizes of millions of dollars and full University scholarships.
What’s been done to police?
Ah yes, that little “well-regulated militia” part that has been completely ignored by courts since the Bill of Rights was first added to the Constitution. I am of the opinion that if that part can be ignored then so can the “shall not be infringed” portion. IMO until the courts can agree on what the fuck the second amendment means and who it applies to we should cease all weapon sales in the US.
This is a good decision and long overdue
Going to bed a bit early tonight, and I have a feeling that I'd better lock this article, but I'll unlock it in the (my) morning, in about 10 or 11 hours.
Now unlocked for civil commentary.
NEVER MIND, SOMEONE ELSE HAS NOW POSTED THE STORY. I GUESS IT'S MORE PALATABLE TO COMMENT ON ONE POSTED BY AN AMERICAN, SO I'LL LOCK THIS ONE FOR GOOD.