It’s a big win for the Second Amendment in California, finally. A United States District Court Judge has just ruled that the “assault weapons” ban is unconstitutional. The ruling ends a ban that has been in place for the past 30 years covering “modern sporting rifles” or MSRs.
Here are the details of the case.
How Judge Roger Benitez Decided the Case
In looking at the rifle ban, Judge Benitez thought about three simple facts: Does the ban violate the Second Amendment? Yes. Does it go along with any previous cases? Yes, again. In fact, the judge sited three other cases that supported his ruling. Finally, there are at least 20 million MSRs in circulation with more people choosing to own these types of guns each year. The judge also felt that the majority of citizens who own AR-15 do so for use in shooting sports, hunting, and in the defense of their homes. They aren’t being used for criminal activities.
Modern sporting rifles are covered under the terms of the Second Amendment, so it was an easy decision for the judge to make. He went even further to declare that California banning these weapons was an experiment that failed.
Here’s the Bad News
So what does that mean for AR-15 owners in California? Unfortunately, not much for the moment. In most cases, when a judge rules it’s an immediate change to the law, but in this case the judge also included a 30 day stay with his order. That means it’s going to clearly get appealed to the left-leaning Ninth Circuit, and the Attorney General has already stated that he’s going to keep pursuing the continuation of the ban on assault rifles.
The problem is that it’s going to take a least another year for the case to reach the Ninth Circuit. Plus, that court is going to look at how the Supreme Court will rule on an upcoming Second Amendment case New York State Rifle and Pistol Association v. Corlett. Gun rights activists are hoping that the court will rule in favor of the Second Amendment since they seem to be leaning that way in recent years.
The Second Amendment is truly about people being free to protect themselves and their families. Judge Benitez said exactly this in his final statements about the case, “the Second Amendment protects any law-abiding citizen’s right to choose to be armed to defend himself, his family, and his home.” Hopefully, California will be completely done with this unconstitutional ban very soon.