Also serving the communities of De Luz, Rainbow, Camp Pendleton, Pala and Pauma
Also serving the communities of De Luz, Rainbow, Camp Pendleton, Pala and Pauma
FILE PHOTO: United Church of the Valley member Sherian Spencer expresses views against the sale and possession of assault weapons and to pay respect to the victims of recent mass shootings in the U.S. during a vigil held at the Temecula Duck Pond, Aug. 9, 2019.
SAN DIEGO – A San Diego federal court judge today overturned California's three-decade old ban on assault weapons, ruling "the state's definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states."
In a 94-page ruling, U.S. District Court Judge Roger T. Benitez, an appointee of then-President George W. Bush, wrote, "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 and United States v. Miller.
"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."
Benitez issued a 30-day stay of his order to give state Attorney General Rob Bonta the opportunity to appeal the ruling in Miller v. Bonta, keeping the law in effect.
Bonta called the decision "fundamentally flawed" and said he would file an appeal.
"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 continue to advocate for and defend common-sense gun laws that will save lives."
Gov. Gavin Newsom called the decision "a direct threat to public safety and the lives of innocent Californians, period.
"As the son of a judge, I grew up with deep respect for the judicial process and the importance of a judge's ability to make impartial fact-based rulings, but the fact that this judge compared the AR-15 - a weapon of war that's used on the battlefield - to a Swiss Army knife completely undermines the credibility of this decision and is a slap in the face to the families who've lost loved ones to this weapon.
"We're not backing down from this fight, and we'll continue pushing for common-sense gun laws that will save lives."
Copyright 2021, City News Service, Inc.
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