Federal Judge Again Declares California ‘Assault Weapons’ Ban Unconstitutional

Once again, the Second Amendment rights of American citizens have been upheld in the face of overreaching regulations. On Thursday, a federal judge overturned California’s longstanding ban on so-called “assault weapons,” stating that the ban is unconstitutional and a violation of the rights of law-abiding citizens.

U.S. District Judge Roger Benitez of San Diego ruled in favor of several gun advocacy groups, asserting that the Constitution protects the rights of millions of law-abiding Americans who own firearms like AR-15 rifles for self-defense. Benitez’s 79-page ruling is a clear and robust defense of the Second Amendment, which he describes as “a shield from government imposition.”

The California ban on semi-automatic firearms, first enacted in 1989, has been a contentious issue, with proponents arguing that it is necessary to prevent mass shootings. However, Judge Benitez rightly points out that the criminal actions of a few should not dictate the rights of the many. As Benitez wrote, “California’s answer to the criminal misuse of a few is to disarm its many good residents. That knee-jerk reaction is constitutionally untenable.”

This ruling is not the first time Judge Benitez has defended the Second Amendment. He has previously struck down other California laws pertaining to firearms, including a ban on magazines that hold more than ten rounds of ammunition. These decisions echo the U.S. Supreme Court’s landmark 2022 ruling in New York State Rifle & Pistol Association Inc. vs. Bruen, which deemed that restrictions on carrying concealed firearms violate Americans’ Second and Fourteenth Amendment rights.

California Attorney General Rob Bonta (D) has pledged to appeal the decision, calling it “dangerous and misguided.” Bonta argues that “weapons of war have no place on California’s streets.” However, this argument fails to acknowledge that semi-automatic firearms, like the AR-15, are commonly used by law-abiding citizens for self-defense and are not “weapons of war.”

Moreover, the ruling provides a significant rebuke to Ryan Busse, a senior advisor for the Giffords gun control organization and candidate for Montana’s next Governor, who testified on behalf of California as an expert witness. Judge Benitez questioned Busse’s credentials as an “expert” on firearms. He noted that his former employer primarily sold pistols, revolvers, and traditional bolt-action rifles, not semi-automatic firearms like the AR-15.

This ruling is a victory for the rights of law-abiding citizens and a reminder that the Second Amendment protects the rights of individuals to defend themselves and their families. It also serves as a warning to those who seek to impose restrictive gun control measures that infringe upon the constitutional rights of Americans. The fight for Second Amendment rights continues, and this ruling is a significant step in the right direction.