Sunday, October 2, 2022

Second Amendment to California Assault Weapons Violates Second Amendment: Judge

A ban on so-called assault weapons in California violates the Second Amendment, a federal judge ruled Friday.

The government by law “prohibits a whole class of very popular hardware – firearms that are legal under federal law and under the laws of most states and that are generally held by law-abiding citizens for lawful purposes,” said U.S. District Judge Roger Benitez. , a George W. Bush nominee, written in his 94-page verdict in Miller et al. v Bonta et al.

“The law cannot continue to exist under an increased investigation,” he added.

California law prohibits the manufacture, use, or sale of an ‘assault weapon’, defined as a semi-automatic rifle with certain characteristics, such as a fixed magazine capable of holding more than ten rounds. People who break the law face an offense or an offense and can face up to eight years in prison.

James Miller, a California resident with a concealed carry permit, sued the state’s leading law enforcement officer in 2019 over the laws, claiming it violated his second amendment.

‘Plaintiff Miller wants to use his legally-acquired magazine (s) with large capacity in his’ fixed magazine gun’ that complies with California. Plaintiff Miller, however, is prevented from doing so legally without the risk of prosecution that could injure his life and liberty; and the illegal seizure and loss of his personal property because the said use would reclassify his rifle as a prohibited ‘assault weapon’, ”reads the lawsuit.

Xaiver Becerra, the then attorney general – he has since become President Joe Biden’s health secretary, and was replaced by Rob Bonta – argued that plaintiffs have no status and that all federal circuit courts have previously upheld the constitutionality of assault restrictions such as the laws . questioned.

But Benitez said the Supreme Court acknowledges ‘that the guarantee for the second amendment has a right to hold and carry firearms that have a reasonable relationship with the retention or effectiveness of a well-regulated civilian force’, citing Miller submission.

He referred to the judgment of the Supreme Court in District of Columbia v. Heller, who broadly found that the Constitution owned Americans’ rights to weapons.

“The Heller test asks: is a modern rifle commonly owned by law-abiding citizens for a legitimate purpose? For the AR-15 type rifle, the answer is ‘yes’. The overwhelming majority of civilians who own and maintain the popular AR-15 rifle and its many variants do so for legitimate purposes, including self-defense at home. Under Heller, that’s all it takes. Use the easy to understand Heller test, it is clear that the ban on gun attacks in California is unconstitutional. Among the Heller test, judicial review may end here, ”Benitez wrote.

The Firearms Policy Coalition (FPC), a non-profit organization campaigning for constitutional rights, said the ruling was correct.

“In his order today, Judge Benitez ruled that millions of Americans are already true: banning so-called ‘assault weapons’ is unconstitutional and cannot exist,” Brandon Combs, the group’s president, said in a statement. ‘This historic victory for individual freedom is just the beginning, and FPC will continue to aggressively challenge these laws in the United States. We look forward to continuing this challenge during the ninth lane and, if necessary, the Supreme Court. ”

But others disagree.

“Overthrowing the ban on gun attacks and comparing an AR-15 to a SWISSMES is a heinous slap in the face to those who have lost loved ones to violence,” California Gavin Newsom said. , a Democrat, said late Friday. “This is a direct threat to public safety and innocent Californians. We will not stand for it. ”

“Today’s decision is fundamentally flawed, and we will appeal it. There is no good basis in legislation, facts or common sense to equate assault rifles with Swiss Army knives, ”Bonta added.

The decision was postponed for thirty days to enable Bonta to appeal.


Nation World News Desk
Nation World News Desk
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