But don’t get too excited yet.
Federal Judge Strikes Down California’s Decades-Old ‘Assault Weapons’ Ban: ‘No Historical Pedigree’
U.S. District Judge Roger Benitez, a George W. Bush appointee, struck down the 1989 ban, enacted by the California legislature in response to the Stockton school shooting, which prohibits the transfer, manufacturing and possession of certain semiautomatic weapons. Benitez wrote that American tradition “is rich and deep in protecting a citizen’s enduring right to keep and bear common arms like rifles, shotguns, and pistols” and does not include firearm restrictions based on “looks or attributes.”
That’s our guy Benitez again. At least on 2A issues, he’s a constitutionalist, and he read and grasped BRUEN (something most of the Ninth Circuit Appeals haven’t managed).
The problem is that, as always, this case is going to keep bouncing back and forth to the Ninth for years, with endless stays of Benitez’s ruling. Unless and until SCOTUS starts issuing contempt of Supreme Court bench warrants for those who are willfully defying the Second Amendment and BRUEN.
But given that Chief Justice Roberts sided with the gun grabbers on the frame/receiver rule, don’t get too excited about warrants either.
Yeah, that reading thing has become a very sticky wicket…what with gender studies, social justice studies and the like I expect something had to go. Like reading, or math…
When I saw the headline about good news from California, I thought that they had broken off of the mainland and floated into the Pacific Ocean. Alas, no such luck.
I have gotten used to the left playing the long game, and if they can get just another month to keep their illegal rule in place, they are willing to do so. You never know what may happen in a month.
When Chief Justice Roberts twisted things to make Obamacare work, calling a penalty a tax, I knew what he was like, and figured that his time on the court would be following similar lines. I am amazed that conservative rulings on abortion and the 2nd amendment have come out while he is still around. Only time will tell what happens in the future.