California assault weapon declared unconstitutional!

It’s about time!

SAF Court Victory: Judge Says Cal. ‘Assault Weapon Ban’ Unconstitutional

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.

Plaintiffs challenge a net of interlocking statutes which impose strict criminal restrictions on firearms that fall under California’s complex definition of the ignominious“assault weapon.” Hearings on a preliminary injunction were consolidated with a trial on the merits pursuant to F.R.C.P. Rule 65(a)(2). Having considered the evidence, the Court issues these findings of fact and conclusions of law, finds for the Plaintiffs, and enters Judgment accordingly.

Of course the defendants, rather than be put on trial, will appeal and probably get an injunction putting the right of the people to keep and bear these type of arms on hold for a few more years. In the mean time I suspect this means that the people of California can buy new AR-15s (if they can find them) for at least a few days.


8 thoughts on “California assault weapon declared unconstitutional!

  1. IIRC, the case of the California magazine ban that Hon. Benitez found unconstitutional and a 3 panel Appeals court sided with, is still sitting in queue for an en banc review at the 9th Circus.

    I once observed that no matter which side a court takes on an issue, the judges – almost always being lawyers – seem to provide more opportunities for the litigating lawyers concerned to come up with hours they can bill someone for.

  2. An almost meaningless “victory” for gun rights. The politicians in Kali simply IGNORE any rulings that they don’t like. Because it’s RARE for them to ever
    suffer any consequences for doing so. This ruling WILL be appealed and the gun grabbers will KEEP trying until they win. That’s their biggest advantage. They can try literally THOUSANDS AND THOUSANDS OF TIMES to violate our rights and even if they win only 1/10 of one percent THEY WIN. Those opposing them must prevail 100% of the time….an impossibility. As long as we allow commies and gun grabbers to continue turning oxygen into CO2 our rights will ALWAYS be at risk….and eventually nullified.

  3. well, life is not easy, and it is not easy to hang onto rights, liberties, privileges and immunities (as against government and citizens who would abridge them.) to retain such things is always a struggle, to be fought by generation after generation.

    but, this decision is a welcome one. and, for damned certain, it beats a poke in the ass with the proverbial sharp stick. it is not the end of a continuing battle. but, it is a victory, and instead of a sense of tired gloom, it should be welcome, and a source of further resolve to fight the good fight.

    struggle is our lot. embrace it. and, be thankful we still have a fight to fight. (and, the tools to wage that fight. remember, the demos, leftists and outright commies fear our weapons, and they loathe our voices, and they are deathly afraid of our resolve.

  4. Nope.

    The decision is self stayed for 30 days, and I would expect an immediate appeal to the 9th with another stay during appeal before that runs out.

  5. RE: Miller V Becerra:
    I am the author of the medical opinion that refuted the AG’s medical expert, and in deposition, I confounded the principal deputy AG attempting to interrogate me.
    After 5 hours he admitted that the state’s definition was incorrect and irrelevant, and the contention of wounds beyond that of any other firearm was untenable.
    The Plainiff’s attorneys were superb.
    We all understand that there Ninth will overturn this, as they have essentially every other RKBA case; but it is another step towards SCOTUS.

    • Thank you for your good work. It’s awesome to hear our side is getting the truth out.

      It’s also good to know we have some good people working for us. I give SAF and FPC thousands of dollars each year.

  6. Love it!

    I was a kid back then, I thought it was pretty dumb at the time (even though no one else seemed to).

  7. Pingback: Quote of the day—Charlotte Clymer @cmclymer | The View From North Central Idaho

Comments are closed.