Judge Benitez strikes back

[SHORT-N-SASSY]

Judge rules California decades-old Assault Weapons ban violates Second Amendment



< https://www.foxnews.com/politics/judge-r...-amendment >

[grayfox]

Yes!!
Judge Rules California's ‘Assault Weapons’ Ban Unconstitutional (breitbart.com)

The Second Amendment “elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home.” Heller, 554 U.S., at 635. The Supreme Court clearly holds that the Second Amendment protects guns commonly owned by law-abiding citizens for lawful purposes. At the same time, “the Second Amendment confers an individual right to keep and bear arms . . . that ‘have some reasonable relationship to the preservation or efficiency of a well regulated militia.’”

And although the Supreme Court cautioned that the Second Amendment does not guarantee a right to keep and carry “any weapon whatsoever in any manner whatsoever and for whatever purpose,” Heller, 554 U.S., at 626, lower courts have often cited this proviso about extreme cases to justify gun laws in average contexts. There is no evidence that the Supreme Court intended that language to be a license to avoid its common sense holding in average contexts.

Heller took the already expansive zone of protection for weapons that could be used by the militia and focused on the core use of firearms for self-defense. “The [Heller] Court determined that the right to keep and bear arms is an individual right held by the people, and not limited by the prefatory clause — ‘a well regulated Militia’ — only to ‘the right to possess and carry a firearm in connection with militia service.’

And (I like this)
He [the judge] compared the AR-15 rifle to a Swiss Army knife, saying it’s "a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle."

[SDW]

^^^ And the AR-15 has also proved to work very well as a plain old target rifle as well. And they're extremely easy to clean and maintain. So many practical reasons to own one, if a person wants to own any centerfire rifle at all.

I like this quote a lot:

“This is an average case about average guns used in average ways for average purposes,"... “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."

[grayfox]

Common sense is like daylight to the vampire-libs.
A silver stake to their hearts.

[grayfox]

From the Breitbart article, quoting Benitez:

Later in the ruling, Benitez observed:
After handguns, modern rifles are probably the most popular firearms in America. They are quietly owned by millions of law-abiding citizens for lawful purposes ranging from home defense to sporting competitions. Yet, California has banned, and continues to ban, these popular rifles. Perhaps the State has a long-range plan of taking incremental steps toward more and more gun control. But it should be obvious that barring total extinction of the Second Amendment, no amount of “common sense” gun control laws will prevent criminals from misusing guns.

[A5BLASTER]

He better be packing his weapon 24/7/365 now. He just out a very large target on his head and the DNC isn't afraid to pay the cost for it.

[LRRPF52]

I disagree that Howitzers, Bazookas, and any crew-served weapons are only for Federal military use.

Those are the very things the Founders wanted us to have at a local level.

Since 1934, we’ve been left with the scraps of our inalienable rights when looking at individual light small arms.

At least this puts a shot across the bow of CA.

Do they dare take it to SCOTUS and roll the dice with it being used to overturn every other State’s unconstitutional assaults on the keeping and bearing of arms?

[lazyengineer]

At least this puts a shot across the bow of CA.

Do they dare take it to SCOTUS and roll the dice with it being used to overturn every other State’s unconstitutional assaults on the keeping and bearing of arms?

Indeed. Heck, this may not even get overturned by 9th circuit. 2 years ago it would have been. Today... CA finds itself in an interesting spot all of a sudden.

[grayfox]

He also brought into the light, in the text of the ruling itself, that the Left has an ultimate agenda, a "long range plan" of more and more gun control. So it's not about "common sense" but about gradually nullifying parts of the Constitution that stand in the way of Elitist/Feudal lords ruling over the serfs of the state/country.
Remember (ala Diane Feinstein who carries a concealed handgun) that the "laws" don't apply to the Feudal Lords and Ladies... only to us serfs.

[SHORT-N-SASSY]

< https://www.foxnews.com/politics/22-stat...eapons-ban >

[BVickery1974]

And CA already applealed to the most overturned circuit in the US, the 9th.

I am not surprised, but as the SAF stated, this is meant to SCOTUS and could really undermine all AWB's if successful. My friend in MA is glad he is possibly 1 step closer to being out from his states AWB.