A federal judge has ruled that California’s ban on modern rifles is unconstitutional.
The court found the state’s ban on the sale of AR-15s and other popular rifles violated the Second Amendment. Judge Roger Benitez ruled the guns targeted by California are in common use. He said the state violated the U.S. Constitution in restricting access to them.
“This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection,” Benitez wrote. “The banned ‘assault weapons’ are not bazookas, howitzers, or machine guns. Those arms are dangerous and solely useful for military purposes. Instead, the firearms deemed ‘assault weapons’ are fairly ordinary, popular, modern rifles."
“This is an average case about average guns used in average ways for average purposes.”
Benitez said the AR-15’s versatility made it widely popular in the United States, and that popularity is part of what gives it protection under the Second Amendment. He compared the modular firearm to a “Swiss Army Knife” and noted its use for home defense and civil defense.
“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 and United States v. Miller,” he said. “Yet, the State of California makes it a crime to have an AR15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional.”
The ruling will not go into effect immediately. Benitez issued a temporary stay requested by California Attorney General Rob Bonta to allow 30 days for him to file an appeal.
“Today’s decision is fundamentally flawed, and we will be appealing it,” Bonta said in a statement. “We will fight this ruling and continue to advocate for and defend common sense gun laws that will save lives.”
The plaintiffs said they would continue to fight the state if it filed an appeal of the ruling.
“We look forward to continuing this challenge at the Ninth Circuit and, should it be necessary, the Supreme Court,” Combs (plaintiff) said.
The court's decision is yet another blow to attempts by gun control advocates to outlaw modern rifles nationally, frustrating pledges made by Joe Biden and Kamala Harris.
