California assault weapons ban found unconstitional

[DenverGP]

JUDGMENT. Following a bench trial and the Courts Decision in this matter dated June 4, 2021, IT IS HEREBY ORDERED AND ADJUDGED that: 1. Judgment is entered in favor of Plaintiffs. 2. California Penal Code ?? 30515(a)(1) through (8) (defining an assault weapon by prohibited features), 30800 (deeming certain assault weapons a public nuisance), 30915 (regulating assault weapons obtained by bequest or inheritance), 30925 (restricting importation of assault weapons by new residents), 30945 (restricting use of registered assault weapons), and 30950 (prohibiting possession of assault weapons by minors), and the penalty provisions ?? 30600, 30605 and 30800 as applied to assault weapons defined in Code ?? 30515(a)(1) through (8) are hereby declared unconstitutional and shall be enjoined.

Defendant Attorney General Rob Bonta, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know of the existence of this injunction order, are enjoined from implementing or enforcing the California Penal Code ?? 30515(a)(1) through (8) (defining an assault weapon by prohibited features), 30800 (deeming those assault weapons a public nuisance), 30915 (regulating those assault weapons obtained by bequest or inheritance), 30925 (restricting importation of those assault weapons by new residents), 30945 (restricting use of those registered assault weapons), and 30950 (prohibiting possession of those assault weapons by minors), and the penalty provisions ?? 30600, 30605 and 30800 as applied to assault weapons defined in Code ?? 30515(a)(1) through (8).

Defendant Attorney General Rob Bonta shall provide forthwith, by personal service or otherwise, actual notice of this order to all law enforcement personnel who are responsible for implementing or enforcing the enjoined statute. Within 10 days, the government shall file a declaration establishing proof of such notice. Alternatively, the parties may file a stipulation. Signed by Judge Roger T. Benitez on 6/4/2021.(mme) (Entered: 06/04/2021)


Here's a direct link:
https://www.courtlistener.com/docket...ler-v-becerra/

[DenverGP]

It's yet another decision from our favorite judge Roger T Benitez, who previously ruled the california mag ban violated the 2nd amendment.

[DenverGP]

https://www.firearmspolicy.org/fpc-wins-assault_weapon-lawsuit-in-historic-victory-for-second_amendment-rights

FPC is fighting the good fight.

[DenverGP]

And here is the full opinion.
https://storage.courtlistener.com/re...2089.115.0.pdf

Full of even more amazing quotes from Judge Benitez.

Right from the first paragraph:

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.

[DenverGP]

Yet another great quote:

The evidence described so far proves that the “harm” of an assault rifle being used in a mass shooting is an infinitesimally rare event. More people have died from the Covid-19 vaccine than mass shootings in California. Even if a mass shooting by assault rifle is a real harm, the evidence also shows that AWCA’s prohibited features ban has not alleviated the harm in any material way

But really, the entire opinion is one amazing 2A quote after another.

[whitewalrus]

It's yet another decision from our favorite judge Roger T Benitez, who previously ruled the california mag ban violated the 2nd amendment.

Wonder where they found him, reading some of these rulings he puts out tends to have some good quotes in them.

[DenverGP]

One point of detail:

Following the letter of the law, Judge Benitez himself adds a 30 day stay to his ruling, so the judgement in the top post will take full force and effect after 30 days (assuming no other stay is granted during that time).

Because this case involves serious questions going to the merits, a temporary stay is in the public interest. This declaration and permanent injunction are stayed for 30 days
during which time the Attorney General may appeal and seek a stay from the Court of Appeals. After 30 days, the following Order will take full force and effect.

[Scanker19]

Yet another great quote:


But really, the entire opinion is one amazing 2A quote after another.

What page is that one on? I’m
Only to page 8 right now, but I’m hooked.

[Great-Kazoo]

One point of detail:

Following the letter of the law, Judge Benitez himself adds a 30 day stay to his ruling, so the judgement in the top post will take full force and effect after 30 days (assuming no other stay is granted during that time).

And like all rulings against any entity, in CA, when it comes to guns. They will appeal it.

[def90]

30 day stay and it is a given that California will appeal, so no change for now.