The Blubber

A US judge has ruled that California's assault rifles and weapons ban is unconstitutional, per Reuters.

San Diego-based U.S. District Judge Roger Benitez has ruled in a case brought forward by gun rights organizations and others, challenging a California law. The judge found that this law deprived law-abiding individuals of semiautomatic firearms like the AR-15, which, in his view, violated the Second Amendment of the U.S. Constitution—a right to "keep and bear arms."

Judge Benitez issued an injunction to block the law but placed it on hold for ten days, allowing the state to appeal. California's Attorney General, Rob Bonta, a Democrat, expressed his intent to appeal the decision, describing the judge's ruling as "dangerous and misguided." Bonta emphasized that "weapons of war have no place on California's streets."

It's important to note that in the past year, the conservative-majority Supreme Court invalidated New York state's restrictions on carrying concealed handguns outside the home. The Supreme Court set a new legal standard for assessing firearms regulations in this decision, stating that they must be "consistent with this nation's historical tradition of firearm regulation" to be considered valid.

In his ruling, Judge Benitez contended that California's assault weapons ban had no historical parallels during the founding era and cited a lack of historical laws preceding California's ban that limited technologically advanced rifles.

California took the initiative in 1989 to become the first U.S. state to prohibit assault weapons, following a tragic school shooting that claimed the lives of five children.

The legal challenge was mounted by several California residents who sought to own firearms such as the AR-15. It was also backed by gun rights organizations, including the Firearms Policy Coalition, the California Gun Rights Foundation, and the Second Amendment Foundation.

Judge Benitez, an appointee of former Republican President George W. Bush, criticized California's decision to ban assault weapons, stating that it "creates the extreme policy that a handful of criminals can dictate the conduct and infringe on the freedom of law-abiding citizens."