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SOUTHERN CALIFORNIA RECORD

Sunday, May 19, 2024

Federal judge overturns ban on assault weapons; Advocate calls it 'significant and appropriate victory'

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A judge overturned the assault weapon ban in the state last week in Miller v. Bonta, comparing the AR-15 rifle to a Swiss Army knife, alleging that it has multiple uses. | Pixabay/draldo

A historic moment took place in California after a judge overturned the assault weapon ban in the state last week in Miller v. Bonta, comparing the AR-15 rifle to a Swiss Army knife, alleging that it has multiple uses. 

Banned in California for nearly 30 years, the law was overturned by U.S. District Judge Roger Benitez of San Diego, ruling that the state’s definition of illegal military-style rifles unlawfully deprives Californians of weapons that are allowed in other states.

"This ruling is a significant and appropriate victory for gun owners, the Second Amendment and individual rights," John Dillon, co-counsel for the Firearms Policy Coalition and the plaintiffs said in an email. "The court's decision was both sound and comprehensive."

Judge Benitez issued a permanent injunction against the enforcement of the law. Attorney General Rob Bonta has 30 days to appeal the decision.

"The court's reference to a 'Swiss Army knife' highlights the fact that like that common bladed arm, which has many utilities and functions, the AR-15 rifle has many lawful and constitutionally protected utilities and functions," Dillon said. 

"It is widely possessed and used across the country for lawful purposes such as self-defense, competition, hunting and recreation. And the AR-15 rifle is easily adaptable to the specific user and his or her intended purpose. Those who have criticized this analogy probably didn't read past the first page of the decision where the court showed why our evidence and testimony proved why semi-automatic firearms banned as so-called 'assault weapons' must be protected under the Constitution."

The Miller v. Bonta case challenged the California’s Assault Weapons Control Act (AWCA) ban on well-known semiautomatic arms with characteristics like those with ammunition magazines that harness more than 10 rounds in their chamber.

The Firearms Policy Coalition (FPC) announced on June 4 that Benitez's decision was an "issued opinion."

FPC is a nonprofit organization that advocates for constitutional rights, focusing on the right to bear arms. 

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