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.
I like the quotation marks in the title. Limitations on possession of select fire weapontry is blatantly unconstitutional. I will celebrate on the day those infringments are repealed for all peoples…
“Under no level of heightened scrutiny can the law survive,’, ‘fundamentally flawed”
Its about time the Judicial recognizes the truth about these firearms.
This is a very welcomed ruling. I love that the judge used US v. Miller. Miller was decided wrongly in 1939, saying a sawed off shotgun was not suitable for militia use. We all know it is. It said the protected arms had to be suitable for militia use. Well, an AR15 IS suitable. Newsom and his AG are simple minded liars.
Correct. Strict constructionist reading of our Constitution is death to progressive ideology and death to tyranny. This decision will be the foundation necessary for those of weak knee and weak spirit to lean on. And the weak knees I refer to are in our appellate courts. And the Supreme Court. Just think of how Justice Thomas can mold this in to a Testament of Liberty. In his hands it is pure gold and the force of his argument will carry the rest of the Supreme Court.
Fantastic news, and about damn time a court correctly determined AR bans are blatantly unconstitutional.
It IS un-Constitutional..it always WAS un-Constitutional..and if they overturn
his “overturn” it will still BE un-Constitutional. READ IT, morons. It isn’t like it takes a lot of legal training. Get a dictionary and look up the word
“Infringe”. ta-DAAAA!
The only response appropriate is for tens of thousands to openly carry in every gun free zone. Overwhelm the police and display the fact that carrying a weapon does not cause crime, and that there are not enough cops or cuffs or cells to arrest us. And if they did, the tax loss would be unacceptable. People need to stop cowering, and flaunt your noncompliance with these BS feelz “laws” which are unconstitutional and repugnant to our civil rights.
More good news for firearms owners in California:
California fails to pass tax hikes on handguns and ammunition | Fox News
https://www.foxnews.com/politics/gun-tax-falls-short-california
“All laws/wishes/orders etc. which are repugnant to the Constitution are null and void.” (Marbury vs.Madison, 1803.),
They can write all the laws they want…that does not make them legit!
There are over 23,000 gun laws on the books that are not followed does anyone with a brain think 1 more is going to stop anything? NO!
No one has the authority to erase HUMAN NATURAL RIGHTS!
And where is the great, vaulted, mighty, and feared nra…?
Why , spending the fools who send money to them on the skunk , li’l wayne La P u’s compensation package , his personal expenses, and his attorney’s fees of course.
Cant wait til james puts him in prison.