Sacramento, CA – A federal judge overturned California’s “assault weapon” ban late last week, saying it was a “failed experiment” that violated law-abiding citizens’ Second Amendment rights.
“Under no level of heightened scrutiny can the law survive,” U.S. District Judge Roger Benitez said of the 32-year-old law in his ruling on June 4, according to KCRA.
Benitez noted that military-style rifles are allowed in most other states, as well as by the U.S. Supreme Court, and argued California’s ban deprives law-abiding citizens of those same rights.
“Like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle,” Benitez wrote in his 94-page ruling, according to KCRA.
“This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection,” the judge wrote. “The banned ‘assault weapons’ are not bazookas, howitzers, or machine guns. Those arms are dangerous and solely useful for military purposes. Instead, the firearms deemed ‘assault weapons’ are fairly ordinary, popular, modern.”
Benitez said the media has twisted some citizens’ perceptions of reality with regards to military-style rifles.
“This is an average case about average guns used in average ways for average purposes,” he wrote in the ruling, according to KCRA. “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.”
“In California, murder by knife occurs seven times more often than murder by rifle,” Benitez added.
The ban has also failed to stop mass shootings or attacks on law enforcement officers – the objectives it was supposedly created to fulfill, he said, calling the ban “a continuing failed experiment.”
The case involves “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,” Benitez wrote, according to The New York Times.
“It should be an easy question and answer,” he continued. “Government is not free to impose its own new policy choices on American citizens where constitutional rights are concerned.”
The judge issued a permanent injunction against enforcement of the assault weapon ban, but stayed the order for 30 days so California Attorney General Rob Bonta has an opportunity to appeal the ruling.
Bonta said he plans to do just that, KCRA reported.
California Governor Gavin Newsom blasted Benitez’s decision, claiming that allowing law-abiding citizens to possess military-style rifles would present “a direct threat to public safety and the lives of innocent Californians, period,” KCRA reported.
Newsom said the judge’s comparison of the firearms and a Swiss Army knife “completely undermines the credibility of this decision and is a slap in the face to the families who’ve lost loved ones to this weapon.”
The governor said he is “not backing down from this fight,” and vowed to “continue pushing for common-sense gun laws that will save lives,” KCRA reported.
A White House spokesperson issued a statement arguing that courts have repeatedly determined that banning assault weapons does not violate the Second Amendment, according to CNN.
“The President continues to press for commonsense laws to reduce gun violence – including a ban on assault weapons and high capacity magazines,” the spokesperson added.
Another ruling issued by Benitez in 2017 is already being appealed by the state.
That one involved him overturning California’s ban on the purchase and sale of firearms magazines capable of holding more than 10 rounds, KCRA reported.
A three-judge appellate panel upheld Benitez’s ruling last summer.
In March, the 9th U.S. District Court of appeals announced that an 11-member panel will rehear the case, KCRA reported.
The following month, Benitez issued a ruling blocking the enforcement of a 2019 state law requiring anyone wanting to buy ammunition to go through a background check.
The state is also appealing that decision, KCRA reported.