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SD judge denies state's motion to dismiss suit challenging assault weapon ban


Last updated 10/1/2020 at 5:25pm

A San Diego federal judge has denied the state of California’s motion to dismiss a lawsuit challenging its assault weapon ban, which was brought on by a group of San Diego County gun owners and Second Amendment rights proponents.

U.S. District Judge Roger T. Benitez stated in a written ruling Wednesday, Sept. 23, that the potentially serious criminal penalties one faces for violating California’s assault weapon laws provide sufficient standing for the lawsuit to proceed.

The suit filed in 2019 in San Diego federal court challenges the constitutionality of several California Penal Code s...

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