SAF Court Victory: Judge Says Cal. ‘Assault Weapon Ban’ Unconstitutional

BELLEVUE, WA — -(AmmoLand.com)- The Second Amendment Foundation has won a significant court ruling in the case of Miller v. Bonta, which challenged the constitutionality of California’s ban on so-called “assault weapons,” with U.S. District Court Judge Roger T. Benitez declaring the state’s statutes regarding such firearms to be unconstitutional.

SAF was joined in this action by the Firearms Policy Coalition, California Gun Rights Foundation, San Diego County Gun Owners PAC, Poway Weapons and Gear, Gunfighter Tactical, LLC, and several private citizens including James Miller, for whom the case is named.

“In his 94-page ruling, [embeded below] Judge Benitez has shredded California gun control laws regarding modern semi-automatic rifles,” said SAF founder and Executive Vice President Alan M. Gottlieb. “It is clear the judge did his homework on this ruling, and we are delighted with the outcome.”

In his opening paragraph, Judge Benitez observes, “Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. 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, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939).

Yet, the State of California makes it a crime to have an AR- 15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional.”

Later in the ruling, Judge Benitez observes, “The Second Amendment protects modern weapons.” A few pages later, he adds, “Modern rifles are popular. Modern rifles are legal to build, buy, and own under federal law and the and the laws of 45 states.” Perhaps most importantly, the judge notes that California’s ban on such firearms “has had no effect” on shootings in the state. “California’s experiment is a failure,” Judge Benitez says.

“There is not much wiggle room in the judge’s decision,” Gottlieb stated. “Today’s ruling is one more step in SAF’s mission to win back firearms freedom one lawsuit at a time.”

Miller v Bonta Opinion

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 7000,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.