A Federal Judge has overturned California's draconian "assault weapons" ban. AP. US District Judge Rodger Benitez, famous for other pro-gun rulings in California, including overturning magazine restrictions and forcing background checks on ammo, said that the state's 1989 assault weapons ban was unconstitutional. Benítez pointed out how common the features that make a rifle an "assault weapon" are and notes that rifles of any type are only rarely used for homicides, with knives being seven times more commonly used in homicide than rifles. Benitez also notes that the California law fails the so called Heller standard, noting that firearms in common lawful usage are constitutionally protected. California's government is going to appeal the ruling and has been given 30 days to do so by Judge Benitez.
The ruling in the case Miller v Bonta, can be seen here
My Comment:
In theory this is huge, positive news for the gun rights community who have made defending the AR-15 platform and similar firearms from draconian bans a top goal. Benitez has ruled that California's assault weapons ban is plainly unconstitutional by the standard set in the DC v Heller case, which ruled that commonly used weapons can not be banned as long as they have legitimate legal uses. And he made a very strong case, comparing the AR-15 to a swiss army knife.
The problem is that he gave the defendants 30 days to appeal the case instead of making it go into effect immediately. In his previous case he did not allow that and that gave California's citizens 10 days to purchase standard sized magazines. That window closed after an appeal was filed and it is disappointing that a similar opening did not happen here.
And the fact that California is appealing this ruling means that the law is unlikely to be changed in anything like a reasonable time frame. Benítez has ruled on two other cases pertaining gun rights, the magazine ban in 2017 and the background for ammo law in 2019 and neither case has finished the appeals process. It could be a very long time for this case to work its way through the system.
The other problem is that other courts have disagreed with this ruling and have upheld assault weapon bans. This may influence the appeals process and if the case makes it to the Supreme Court. Given the make up of the 9th Circuit Court, it's very possible that this case could be overturned in the end. That could be a huge defeat for the gun rights community if it comes to pass.
The case could make it all the way to the Supreme Court. The problem is that there is little appetite in the court to take gun rights cases. They punted on a gun rights case in New York by declaring it moot and have refused to take some other cases that they really should have taken. They are taking up a case concerning conceal carry permits but that's about all they have done in a long time.
Given the current court's 5-3-1 conservative majority, with Chief Justice Roberts being a swing vote, it seems clear that if the case got to the court it would end with a win for gun rights. But given how extreme Roberts is when it comes to not making waves, it's very possible the case will never get the hearing it deserves.
Still, it is important to savor the victory, even if the future is unclear. The cause of gun rights has never been stronger and we stand a decent chance to have our rights permanently protected. I do believe that someday the people of California and other horrible blue states will have the same rights that I enjoy here in Wisconsin.
No comments:
Post a Comment