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…
Unfortunately, even this judge erroneously called machine guns appropriate only to the battlefield and not covered by the 2nd, when they specifically are: even Miller, the SCOTUS case with no defense present to push the NFA through, recognized that military grade weapons and those most effective for the army are those the 2nd protects for the citizenry.
Lol machine guns? Lmao
Exactly where in the second amendment does it specify that machine guns are NOT covered?
machine guns are weapons of military usefulness, able to be deployed and used by a single actor.
This IS the defnintion o f”arms” in common use of the term at the timeo our Constitutoin was drafted and ratified.
Don’t forget, there WERE semiautomatic rifles during the time period in question, tcapable of firing up to forty rounds in raid succession before reloading. They were not full auto, but WERE semiauto by today’s definition.
That is why they were not outlawed in ’34. They are protected, but became taxed.
The Senate in debate of the NFA admitted they had zero authority to regulate or police firearms, so they would use taxing authority to make an end run around the 2nd. Applying a tax would create a crime for taxes unpaid, a crime for which they could arrest and Prosecute gangsters and moonshiners.
Yes machine guns. There are several hundred thousand in the hands of the people. Any firearm civilian police can have should be allowed to be had by private citizens.
All and every awesome weapon of war is what the 2 nd. covers
In the founders’ era, people owned private cannons and gunboats…. for defense against aggressors from the sea. Makes sense to me. Pirates are the marine equivalent of home invaders.
I’d ask gunsarefromhell why he likes pirates and home invaders so much, but I doubt he’d answer! 🙂
Kommiefornia? Enough said
Yes, Kommiefornia.California violates the rights of the people every day. Soon the pistol roster will be ruled unconstitutional.
True, Kommiefornia or Calizuela explains all variants of perversion and stupidity, including you.
Mass shooters rejoice!
Another authoritarian psychopath with no respect for individuals owning their personal security. Thinks everyone should be held responsible for criminals behavior. That you would celebrate mass MURDERS does not surprise me. Visit a country with no civilian ownership: https://en.wikipedia.org/wiki/Kyoto_Animation_arson_attack
Psycho
Way too many video games for the troll. Mommy needs to take him out of the basement so he can see the light.
Where Obiden promptly falls on his face.
Have a fun enjoying victim hood.
so now you blow your cover. You are directly addressing “mass shooters” and encouraging them to go out and kill. Nice heart ya have there. It would be a tradegy if something were to happen to it.
no guns CANNOT rule hell. Because in hell there are only weeping and wailing and gnashing of teeth. No space for hardware. The hell to which you refer is between your ears.
Only in a warped Leftard head.
Why? A couple times a year someone goes nuts.Look at Atlanta, a 9mm pistol, Virginia Tech at .22 pistol, Santa Barbara a pistol, Santa Clara, 3 pistols and 39 rounds, Navy Yard, 12 ga., LIRR a pistol. Seattle, pistol, Reagan assassination attempt .22 pistol.
Most mass killers use handguns.
A gun is just a tool, like you. A little, poxy, drippy, disease infested tool.
THE LEFTIST GOVERNMENTS = USE THAT WORD TO FEAR MONGER PEOPLE THAT ARE SHEEPLE! They cant Think for themselves ! Dont ever TRUST the Gov. the TV NEWS ! MSM is behind ALL OF GLOBALIST That want to CONTROL THE WHOLE POPULATION !!!! AMERICA was FOUNDED FOR A REASON! You ALL Should be VERY GRATEFUL YOU WERE “BORN ‘ HERE! Rest of the countries on the Planet are NOT AS FORTUNATE! And Also Be Very ‘THANKFUL” for the MAKERS OF “OUR CONSTITUTION! Without it WE WOULD BE A ” COMMUNIST COUNTRY ” AND it is Not Just GUNS That KILL!… Read more »
The anti-civil-rights crowd has decided that semiauto is more dangerous than full auto. Go figure.
Given their statements – why aren’t they working to take machine guns off NFA? Wouldn’t we be safe right if all ARs had a giggle setting on selector switch?
“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.
you are far too generous in your slam of the Gabbling Nuisance and his AtG.
To the best of my limited knowledge the AR15 has never been used on the battlefield and I didn’t read where the judge said the rifle had been used on the battlefield. It could be used as it is the only rifle civilians commonly own. The enemy will be bringing at a minimum an M16 current version. I will take the M16 all day long over the AR15. The short barrel rifle and short barrel shotgun should not be NFA weapons. The bottom line is when Chipmunk Man (or whom ever) gets control of the ATF the everything from squirt… Read more »
On a side note, the original Armalite Rifles, model 15, which were also deployed by the US army early in Vietnam, were selective firing AR-15s, pre-M16. And, other than genuine WMDs, no wespon should be an NFA weapon.
Miller didn’t even have a defense present. And the prosecuting attorneys Wrongly claimed there was no suitable use for SBS and SBR, ignoring all Trench warfare!
The NFA is unconstitutional BS, but even miller declares weapons of war PROTECTED.
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.
What is it about mass shootings that appeal to you so much?
Do you want to decrease mass shootings? Eliminate gun free zones.
How often are there mass shootings with rifles? Most are done with handguns. With 20,000 murders last year, there wasn’t an AR used.
As are all gun control laws,it’s about control.
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!
Inarticulate placement of the word.
Remember we are speaking of mentally diseased Leftards,incapable of thought or reason, all they comprehend is the totalitarian Marxist agenda.
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.
You’re thought experiment is a living hell for shooting victim families. Not that you care about anything.
*your. What is your favorite part of mass shootings? Be honest
Burying the commies
You mean a shooting? Mass shooting is another made up name for a shooting. Your friend sure does live in a make believe world.
What is your favorite part of gun control; living in fear, controlling others, lack of personal responsibility, or just simply being wrong all the time…..be honest.
Are you asking this question to an undertaker, casket sales, medical supply sales, make-up artist, grave diggers, crematoriums, who are you asking?
you left off the list “gun grabbing politicians”.
the ones that were stopped by a nearby honest citizen with his own firearm, before the death toll ran high enough to count as a “mass public shooting” per FBI’s definition. And they FAR out number the ones you are talking about. but the lamestream media never mention those. Look up the Clackamas Towne Centre Mall “mass shooting” that wasn’t. Happened just a fwe days before the bit of terror theatre known as the Sandy Hook Elementary School shooting. Both involved AR’s though the medical examiner who first examined the young victims in Sandy Hook declared “the victims I saw… Read more »
NO!!! The Sandy Hook shooter used the AR15 rifle to kill everyone. He used the pistol to kill himself.He did not shoot the kids or adults with the handgun. The kid did drive. There was a shotgun in the passenger compartment of the car until a police officer took it and the keys and put it in the trunk.
The responding officers took the Bushmaster rifle out of the trunk of the car. The shooter did not use it in the school.
Bearing Arms | Debunking The “AR-15 Was In The Trunk” Sandy Hook Conspiracy Theory
https://bearingarms.com/bobowens-bearingarms/2014/12/15/debunking-ar-15-trunk-sandy-hook-conspiracy-theory-n19976
Same with the Tacoma Mall shooter. Unfortunately the good citizen hesitated on shooting, and he was shot and paralyzed. But his actions caused the shooter to stop and surrender.
I like the part where the shooter kills himself or is shot by police. Usually with an AR15.
My favorite parts of mass shootings is that they are so rare, that they are always far away from me and mine and that when they do occur they usually cull the thug herd (as most are simply gangs killing each other).
What is your favorite part of being brain dead? Is it that you are safe from zombies? The rest of us know zombies are not real – so we are all safe.
“What is your favorite part of mass shootings?” When you commies are victims of your own “gun free” zones.
I care about my family more than anything
You mean like in inner cities, where the deaths are never reported? I think they need you to leave your basement and go preach to them, in person.
can you document this? And WHICH shootings are yuo taling about? The staged psyop “events” that feed the news and political cycle endlessly? The massive numbers of black on black shootings in Chicago,BaltimoreNew Yourk, Philly, etc? That is the rotten fruit of the Dems who have held those cities and more captive to their “values” and “policies”, including the disarming of the residents thereof. Most of those victims are those who continue in those places, knowing there is crime, drug trade, traffic in unlafully possessed arms, One more little statistic to stick into your cranium: how many peole were killed… Read more »
There has never been a false flag mass killing. Sandy Hook was very real. Navy Yard was real, San Bernardino was real, Orlando was real, Santa Clara was real, Boulder was real etc. Those that think these shootings are false flag attacks are people of low intellect.
Umm, how do you define “false flag” action?
My understanding is that is one undertaken in such a manner as to be attributed to someone other than the real perpetrators.
Bullshit; and who are you to quedtion anyone else’s intellect?
“There has never been a false flag mass killing.”
Bull. Vegas stinks to high Heaven. Maybe not perped on purpose by our gvt, but FBI lied their a$$es off, covered it up, blocked honest competent investigation.
Ockham’s Razor says gross negligent sting. Revelations by Tucker Carlson on the “insurgency” indicate FBI, ATF or other treasonous police state agency set the whole thing up then failed to stop it.
Total deaths from rifle fire is slightly less than five hundred, which as you said is about one in four thousand deaths in this country. However those five hundred include justified (self defense) shootings by police and others – which overall is close to 15% of non suicide deaths. Some of those <500 are undoubtedly suicide which make up ~2/3 of all “gun deaths”. Some of the remaining deaths are accidents while many of the few murders are committed with any of the many rifles not classified as “assault weapons” by the antis. In the end you have been overly… Read more »
Why don’t you care about automobile accident victim’s families? Or medical mistake victim’s families? The death tolls from both atrocities far outweigh that of “shooting victims”. Anyone with a functioning brain can comprehend the statistics. Shouldn’t we all be pushing for federal bans on automobiles and medical procedures, based on your “logic”? Fucking idiot. Go back into mommy’s basement and stay there.
Stop crying, you sniveling little bitch.
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
Yay! For mass shootings!!! Yay!!
Liberal psycho ☝
Heaven has a Wall, a Gate and a Strict Immigration Policy. While Hell has Open Borders so Liberals may enter.
Idiot.
Go to your momma’s basement and suck your thumb1
“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.
The NRA supported the lawsuit.
The NRA supported the lawsuit how? The plaintiffs were:
The NRA was not a plaintiff!
It was pointed out that SAF was thirteenth among fifteen complainants. I think the NRA made an earlier, bigger showing despite SAF’s claim that ‘they’ (SAF) had won the case.
The NRA was not a plaintiff!
Then apply common sense and remove the shit-stain? Willful Neglect of Statutory Duty as per the Oath of Office is still a high crime.
This court decision will place an even higher demand on an already over-stressed ammo market…but that’s okay 🙂 We’ll deal with it!
Will work to our favor in the long run. While manufacturers have increased production by adding staff and possibly equipment, they are reluctant to make major long term capital investments required to increase output more. That reluctance is borne of uncertainty regarding long term demand. Seeing the large pent up demand in California, they may invest with greater confidence. We will hopefully also see more Californians get to know ARs and join in legal fights for our rights.
Be really nice for prices to return to pre-covid levels.
This is a big deal.
There seems to be confusion among the commenters. 2A protects the individual right to posses weaponry of a modern infantry/militia man; it is not about hunting or self defense. In our Jettson’s World this would include: Stinger missiles, L.A.W rockets, mortars, hand grenades, etc. We have reasonably conced the right to own these items without lisence; THIS IS A MAJOR CONCESSION!
Our birthright is everything but crew-served weapons. Anything one person can deploy is protected, from swords to cannon.
Not so fast, remember what Becerra and Kamala did? They tied up everything 2nd Amendment by using the 9th Circuit Court to do their dirty work. The last case Judge Benitez ruled on was magazines and they were not to be limited, Becerra had the 9th issue a stay overruling that decision. Democrats control everything in a veto proof state. A decision they don’t like doesn’t mean they’re done and they use out tax money to make it so. You saw where those two assholes ended up.
Actually on appeal the three judge panel upheld Benitez’s magazine ruling, on which he placed the stay he himself. By placing that stay he was able to protect current owners of standards magazines. AFAIK that case has been appealed for en bank ruling which is pending. Benitez’s ruling on ammunition restrictions was overturned on appeal and is also awaiting en ban can hearing. Yes CA will appeal this ruling. Which ever way appeals court rules, loser will ask for en banc hearing. Given 9th circuit history they will definitely accept appeal from CA but may not accept case if CA… Read more »
WE THE PEOPLE! not the california govt!
What is the price of freedom?
Get a smelly load of this crock: State Will Appeal After Federal Judge in San Diego Strikes Down California’s Assault Weapons Ban [State Attorney General Rob] Bonta called the decision “fundamentally flawed” and said he would file an appeal in the Miller vs. Bonta case. “There is no sound basis in law, fact, or common sense for equating assault rifles with Swiss Army knives – especially on Gun Violence Awareness Day and after the recent shootings in our own California communities,” Bonta said. “We need to take action to end gun violence now. We will fight this ruling and… Read more »
You gonna make cancer illegal too?
I first read about this on multiple legacy media sites. Spin is awful. They shamelessly push Bonta’s narrative. Good thing I’ve got a strong stomach or that stuff would have made me puke.
Scary how many just eat up that drivel.
Bwa hahaha! Gun. Violence. Awareness. Day. Bwa ha ha ha ha! What nonsense!
If I had one wish, it would be that all liberals would vaporize instantly.
Gosh, I’ll miss my folks…..
Judge Benitez is an outstanding judge, who actually heeds the Constitution, instead of paying attention to passing political fads,
Unfortunately, his ruling was immediately Stayed by the 9th Circuit (which was 100% predictable), and it won’t mean squat in practice until appeals are exhausted. That’s because the totalitarian People’s Republic of CA will *not* surrender to the Court until/unless this Constitutional ruling is forced down its throat by SCOTUS. And that will take YEARS, at a minimum. In the meantime, CA will keep getting Stays and dragging out appeals as long as it can. JUSTICE DELAYED IS JUSTICE DENIED.
Seeing as less than 15% of the residents of Commiefornia registered their AR’s, it is now time for tens of thousands to blatantly display their Constitutionally protected AR’s in every format and configuration, especially the ones the Marxists illegally banned, while marching around and around the governor’s mansion, capital building, state courthouses, police stations, etc. Make civil disobedience the state pastime! Every weekend, meet in the thousands and openly carry these peacekeeping devices, amd dare the government to try to detain you, disarm you or otherwise infringe on your civil rights! There are not enough handcuffs or jail cells! Prove… Read more »
next WE PEOPLE OF CALIFORNIA must get CONSTITUTIONAL CARRY!
As amazing as that would be,
Good luck. That’s like a unicorn.
When that happens I’ll move back to California.
What is it about dead people that you like so much?
They can’t be commies anymore
But they can still vote — Democrat.
You presume much.
ONLY IF THEY ARE CRIMINALS !
Depends on WHO the dead person is… Rapist? Pedophile? Terrorist? Drunk Driver? Drug Dealer? Cartel Member?
@ Gunsrulehell -Do you still beat your wife?
Probably his boyfriend!
Do ‘Bots have spouses?
If they are bad guys, I am OK with it. Most of the victims in places like Chicago are people having serious felony backgrounds, as well as the predator that shoots them.
How many people can you take out with an assault rifle in a short amount of time? How many are too much? Too little? I am wondering what all of your sweet, sweet spots are for maximum carnage? Asking for a friend.
Depends on how many commies there are
Marxists.
If living in your fantasy of a violence-free world suits you, so be it. You still have the right to express your opinion, even tho’ it’s factually wrong.
The rest of us here will continue to promote out God-given right to defend ourselves and our Constitutional right to own and carry firearms, NOT Infringed by Government.
Don’t be a Troll, Troll.
I would ask what it feels like after your hair catches fire and head explodes simultaneously, but the before and after difference would not be noticeable to anyone on the Left.
Leftards being mentally diseased and functionally braindead,they won’t be able to disconserne if their hair is on fire,their agenda is bliss.
Your feelings and fantasies don’t infringe upon my rights.
WON’T BE ALLOWED to infringe upon MY rights.
Eff Leftard feelz.
The answer is 0.
There is no such thing as an assault rifle.
You can be assaulted with anything you pick up.
Let your anti-gun friend know the answer.
Assault is a verb, not an adjective.
Assault rock
Assault broom
Assault stick
Assault axe
Assault knife
Assault baseball and bat
Assault arrow
See how stupid those sound?
Your list is missing “Assault Language” . That’s what the left is using to silence anybody they dislike and call it being woke.
Also, assault and pepper.
Correct. ANd after Cain rose up and murdered his brother Abel, God did NOT ban the assault whatever tool he used (the tool is so insigi=nificant it has not stayed with the story, it is irrelevant). Nope. He banished the man with evil in his heart.
The weapon reported to be used was the assault rock and the Leftards are dumber that a chit load of rocks.
Leftard language,I don’t play their braindead games.
It amazes me that the, so called, gun community does not know what an assault rifle is and why it is named as such. As if the German Strurmgewehr never existed and the full-auto AK-47 and the M-16 are not the most popular decedents of the Strurmgewehr concept.
Ask any Marine…. A WHOLE SHIT-LOAD! (Except it’s not an, “Assault-Rifle”, that’s made-up. And we never did too well making baby bottles and bricks.)
If ‘guns rule hell’ then do tell what rules earth ?
Asking for Michael A. Stilinovich. That would be me, I don’t need to hide behind a friend.
When are you going to wake up? When are you going to realize one simple straightforward and unarguable fact?… a weapon (ANY weapon, including a firearm) is no more and no less than the hand wielding it!! Concentrate on the criminal, not his convenient tool of choice, you dumbazz..
And again, the liberals use of the made up “Assault Weapon” term has had something of a victory in the comments section. The term “Assault Rifle” has been around for decades. It is not the made up term that has been used by the gun grabber liberals to refer to AR15s and similar semi-auto-only weapons. “An assault rifle is a selective-fire rifle that uses an intermediate cartridge and a detachable magazine. Assault rifles were first put into mass production and accepted into widespread service during World War II. The first assault rifle to see major usage was the German StG… Read more »
As many gun grabbers that show up to take our firearms.
Read the hitory of the Second German War. When we went in, the bolt actioin 1903 Springfield was the Main Battle Rifle. We were not prepared for full on war, haivng gone though two and a half decades of slumber. When the war was on in earnest, we stepped up oroduction of the FAR superior M1 Garand. It fiured the exact same cartridge. BUT.. it had an eight round en-block clip.When the last round in the well was fired, it ejeted that e]spent casing AND the clip. In a matter of a coule seconds a soldier could drop in a… Read more »
5.56x45mm is OK on most deer.
And legal in Texas.
Powerful enough for dear, but marginal for moderate size do hogs – if you use the right ammo. Hogs can be some tough critters.
I think his friend is himself. Just doesen,t want to admit it!