Staff Reports
In a groundbreaking ruling, a federal court judge has struck down California’s ban on certain types of semi-automatic rifles, commonly referred to as “assault weapons,” deeming it an unconstitutional violation of the Second Amendment. Gun rights groups are celebrating this victory, although they acknowledge that the fight is far from over. The ruling is expected to be appealed to the Ninth U.S. Court of Appeals in San Francisco.
US District Court Judge Strikes Down California’s Gun Ban
Federal court rules that ban on certain types of semi-automatic rifles over other rifles is akin to banning some books because there are other books to read.https://t.co/Z0g2b9c4Uk
— The Epoch Times (@EpochTimes) October 20, 2023
California Governor Gavin Newsom, a staunch advocate for stricter gun control, expressed his disappointment with the ruling and vowed to continue pushing for stricter gun laws in his state and nationwide. He accused Judge Roger T. Benitez of endangering the safety of children, families, and worshippers.
In his 79-page decision, Judge Benitez argued that the ban on certain rifles was arbitrary and ignored previous court rulings that affirmed Americans’ right to choose their firearms for self-defense. He emphasized that the banned rifles were functionally similar to rifles that were not banned and that the selection of banned rifles was solely based on their appearance. He likened this approach to banning some books because there are other books available to read.
The Supreme Court decisions cited by Judge Benitez upheld the individual’s right to own and carry firearms outside their homes for self-protection. These decisions shifted the focus from “interest balancing” to strict adherence to the Second Amendment’s text and its historical context at the time of ratification.
The Second Amendment Foundation, along with multiple gun rights organizations and private citizens, filed the lawsuit challenging the ban. They hailed Judge Benitez’s ruling as an affirmation that the ban had always been unconstitutional. The foundation’s executive director, Adam Kraut, and executive vice president, Alan M. Gottlieb, expressed their satisfaction with the decision and its alignment with the Constitution and historical precedent.
Governor Newsom, however, remains steadfast in his commitment to gun control and even called for a constitutional amendment to protect his vision of stricter gun laws. He emphasized that he will continue fighting to defend the right to protect oneself from gun violence, signaling that the battle over gun control is far from settled.
