California Gun Ban “Failed Experiment”

| June 6, 2021

 

Several of the Usual Suspects were kind enough to forward this story on for posting. U.S. District Judge Roger Benitez of San Diego argued the 32 year ban deprives citizens of their Second Amendment right to bear arms. Of course, California Democrats are howling at the ruling.

Usual Suspects send.

Judge overturns California’s 32-year ban on assault weapons

By DON THOMPSON

SACRAMENTO, Calif. (AP) — A federal judge has overturned California’s three-decade-old ban on assault weapons, calling it a “failed experiment” that violates people’s constitutional right to bear arms.

U.S. District Judge Roger Benitez of San Diego ruled on Friday that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court.

Under no level of heightened scrutiny can the law survive,” Benitez said. He issued a permanent injunction against enforcement of the law but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal.

Gov. Gavin Newsom condemned the decision, calling it “a direct threat to public safety and the lives of innocent Californians, period.”

In his 94-page ruling, the judge spoke favorably of modern weapons and said they were overwhelmingly used for legal reasons.

Of course an appeal is being crafted as I type.

MSN.com

 

Category: Guest Link, Gun Grabbing Fascists, Second Amendment

Comments (20)

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  1. Graybeard says:

    A gleam of sanity in the bleak judicial landscape…

  2. A Proud Infidel®™️ says:

    I’m sure that they’ll appeal it to the Ninth Circus Court of Appeals, we’ll see what happens but in the meantime I’m enjoying the sound of liberal heads popping like popcorn!

    • The Other Whitey says:

      I remember when the magazine ban was overturned and then reinstated by the 9th Circus. Freedom Week was a pretty big deal for Californians. It still sticks as a “We can’t buy them, but you can’t take them away either” middle finger to Nuisance et al.

  3. The Other Whitey says:

    Somehow I doubt this decision will actually stick to my former home state. I’d be happy to be wrong about that.

    On a trivial side note, a rumor was recently shared with me regarding an ex-girlfriend suggesting that I might be eskimo brothers with Gavin Nuisance. Knowing the loose-moraled female in question and his penchant for putting his junk inside every woman except the one he’s married to, it’s plausible. If true, it’s also a connection I could do without.

  4. Sapper3307 says:

    Think this might do reset the pre/ban post/ban timeline, when the ban is reactivated?

  5. KoB says:

    Hey California, you’re Dreamin’! Mama Cass fooled all you hippies.

    • SFC D says:

      If Mama Cass had shared that sandwich with Karen Carpenter, they’d both be alive today.

      • JustALurkinAround says:

        Goddamn, I despise all condiments; never had mustard, mayo, ketchup, salad dressing…anything. The smell is fucking disgusting.

        I once ate a radish because I thought it was a tiny apple. I am a stupid, stupid, motherfucker.

        Having said that, I WOULD eat the cottage cheese betwixt the legs of Momma Cass. I bet it is creamy as fuck!

      • Hack Stone says:

        Hack Stone was referred to HR one time for making the comment “I’m hungrier than an Ethiopian at a Carpenters concert.”

  6. Hack Stone says:

    Want to know what a direct threat to public safety and innocent Californians? How about no cash bail that immediately returns criminals to the streets to rob and assault citizens? How about the ever growing population of homeless camps that are an environmental disaster and threaten the health of people who have negotiate sidewalks covered in human waste and hypodermic needles? How about those sanctuary policies that prevent any government employee from cooperating with ICE to remove dangerous criminals from the country?

    Heard them speaking about this on the news talk shows this morning. Other states with similar laws do not want California to appeal the ruling, because of it goes to The Supreme Court and they lose, it will impact every gun restriction law in the country.

    • President Elect Toxic Deplorable Racist SAH Neanderthal B Woodman Domestic Violent Extremist SuperStraight says:

      Hopefully to include repealing the NFA34 and the GCA68

      • Roh-Dog says:

        ^this! Daddy needs him-self a M240B….for ‘reasons’.
        I envision a fixed traverse mount covering the front door at Fort Roh-Dog.
        Welcome Zombies, say hello to my little frien’!

    • The Other Whitey says:

      How about criminally-negligent environmental policies that have led to badly-overgrown forests and brushlands, unprecedented dead fuel loading, and millions of weakened trees susceptible to bug kill? Compounded by deteriorated infrastructure that has and will continue to fail during major fires, unmaintained roads that won’t support an emergency evacuation of threatened areas, and diminished fire attack capability since our inmate hand crews have been disbanded in the name of “prison reform.” Never mind morale among California’s firefighters being essentially nonexistent due to the aforementioned factors as well as an institutional practice of running understaffed, stretching our manpower further with “virus task forces,” politically-motivated staffing patterns that serve no operational need but consistently burn out the guys and gals who don’t get to go home, pointless “feel-good” PR stunts that cost man-hours, and filling the gaps with forced overtime. There comes a point at which the bossman’s “we’re working for you!” platitudes to the rank-&-file just become insulting.

      It’s already been killing Californians and rendering more homeless for the last three years. How many more need to die?

      • A Proud Infidel®™ says:

        NOTHING is ever a liberal politician’s fault, just look at what they say when anyone asks any of the the sorry little shits!

      • SFC D says:

        C’mon, man! The California wildfires were caused by climate change, you know, the thing! You’re a science denier! You make Greta Thunburg very angry!

  7. 5JC says:

    Courts have been busy. Between that and the female draft review Biden will certainly make an attempt to pack the SCOTUS.

  8. gitarcarver says:

    Not surprisingly, instead of attacking the decision on the merits, the left is attacking the decision based on the wording of the decision, specifically the opening sentence:

    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, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939).

    How dare Judge Benitez make the common sense argument citing Heller that the California law is unConstitutional based on the fact that the AR-15 is a weapon in common use by citizens for a variety of legal uses.

    The Supreme Court set the goalposts and the left are upset that this judge kicked the ball through those goalposts.

    To attack the opinion on an analogy shows the desperation of the anti-gun / anti-freedom people are.

    • inbredredneck says:

      Hush now, son. Don’t you be usin’ no logic with them-thar Lefties, or you gonna cause an epidemic of splody-head.

  9. penguinman000 says:

    In news related to sanity in government; McAllen, TX just elected a republican mayor for the first time in 24 years. This is a city 85% Latino, Hillary carried by 30% and Biden by 15%.

    https://www.businessinsider.com/texans-elect-the-first-gop-mayor-of-latino-majority-mcallen-in-24-years-2021-6

    The more they run to the left the more minorities are going to move right.