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Court Blocks Overturning California's Assault Weapon Ban

A conservative judge had argued earlier this month that AR-15 guns were like Swiss Army knives, “good for both home and battle.”

The 9th Circuit Court of Appeals has blocked a recent decision by a lower judge to overturn California’s decades-old ban on assault weapons, saying it should stay in effect as a legal battle over the matter moves through the courts.

“This leaves our assault weapons laws in effect while appellate proceedings continue. We won’t stop defending these life-saving laws,” California Attorney General Rob Bonta said Monday shortly after the three-judge panel released its decision.

Earlier this month, U.S. District Judge Roger Benitez, an appointee of former President George W. Bush, caused an uproar when he ruled that the ban violated the Second Amendment and likened the weapons to a pocket knife.

“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 on the ban, which prohibits anyone in California from possessing, importing or purchasing assault weapons in nearly all cases, with an exception for guns obtained by the owner prior to 1989.

California Gov. Gavin Newsom balked at Benitez’s characterization.

“As the son of a judge, I grew up with deep respect for the judicial process and the importance of a judge’s ability to make impartial fact-based rulings, but the fact that this judge compared the AR-15 ― a weapon of war that’s used on the battlefield ― to 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,” he said in a statement following Benitez’s June 4 decision.

Weapons of War

AR-15 assault rifles are considered particularly dangerous because of their light, tiny bullets that travel nearly three times the speed of sound. The weapon of war was designed to kill many people in a short amount of time, making it the firearm of choice for assailants in many mass shootings. Once solely a battlefield weapon, the AR-15 has increasingly made its way into the hands of civilians as lawmakers, lobbyists and gun manufacturers pushed to relax gun safety laws.

Similarly to California’s three-decade-old law, the U.S. once had a federal assault weapons ban. But in 2004, 10 years after it first passed, the Republican-controlled Congress refused to renew it, and the issue has only grown more partisan in recent years.

Assault weapons similar to the AR-15 were used in multiple recent mass shootings, including April’s Indianapolis FedEx shooting and March’s supermarket shooting in Boulder, Colorado.

President Joe Biden, who helped pass the old federal assault weapons ban, said after the Boulder shooting that the ban should be revived.

“We can ban assault weapons and high-capacity magazines in this country once again,” he said. “I got that done when I was a senator. It passed, it was a law for the longest time and it brought down these mass killings. We should do it again.”

[huffpost.com]

LiterateHiker 9 June 22
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5 comments

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1

I don't have a problem with guns however I do have a problem with the mentality of the gun lobby, NRA, gun nuts and the interpretation of the second amendment.

When I was in the boyscouts in the mid sixties we went to the local shooting range and went through the NRA safe hunter course. It was all about gun safety and how to properly handle guns. The NRA of today is nothing like the NRA of that time.

I also think that these concealed carry laws, open carry laws are the worst laws to be passed in recent years. The argument that the only way to deal with a bad guy with a gun is a good guy with a gun is asinine.

And why is it that stricter gun laws are so bad? I know people are going to say that the bad guys aren't going to register their guns and that if the responsible gun owners register their guns they will be the first people the government comes for to take away their guns. I do not think that will ever happen. But we have to start somewhere. I understand the concerns about guns like the AR-15 and other military style weapons and I do not think they should be in the hands of non military personnel.

A friend of mine posted a link on Facebook about standing in line at a grocery store. It went something like this, "If I were in line at the grocery store and saw the guy in front of me pull a gun on the clerk I would take out my gun and blow him away." I thought to myself, what if you did that and one of your rounds hit a little girl or boy that was behind this guy or somewhere within the vicinity? I would like to ask them how they felt about their actions after an incident like that.

3

Make every firearm owner carry liability insurance, prove they have a locked cabinet to store it in, and require a training course. Then let the insurance companies regulate gun owners. If you have a fully automatic weapon those premiums are going to be steep.

2

Defence of your home... Who is going to attack American homes that the police or military isn't going to deal with first?

4

Your second amendment guarantees the right to bare arms, which in eighteenth parlance equates to a 'stand of arms'. Musket+bayonet+cartridge box or powder horn. Rifle+hatchet+powder horn. Sword+ pistols and saddle.
All this is for the defence of the locality, state or nation. So, if a person wishes to own a working assault weapon, then they must be physically and mentally fit to be a part of a 'well regulated militia'. That means they must attend regular drills with weapons under discipline.
Once unfit for service, then they could be discharged and their stands of arms be purchased by a new recruit.

7

We need this ban nationally, it's terrible that people can just drive across state lines and buy weapons that are illegal in my state and bring them in anyway.
We also need to SHUT DOWN GUN SHOWS, or at least apply the same rules that gun stores have to follow.

There are gun shows here about once a month, if I wanted an AR-15 I could get one in 3 days, less than 2 miles from my home though. It' horrfying.

@MizJ You're in Florida so a bit different than California, but here they just drive to Nevada or Arizona to bypass State Law and that SUCKS!

Florida (and a few other Red states) might as well give guns to kids when they graduate primary school. One of the reasons I get my bulk items in Target not Wallyworld is that Target doesn't sell ammo. A NY state arms manufacturer that makes AR15s is relocating to this county. People were jumping for joy that they were going to be hiring 50 people. They need to put down the glue bottles as 49 were killed and 53 injured 50 miles from here in ONE mass shooting, TWICE the number of people that will be hired.

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