Saturday, June 05, 2021

Judge Says Cal. ‘Assault Weapon Ban’ Unconstitutional

The Second Amendment Foundation has won a significant court ruling in the case of Miller v. Bonta, which challenged the constitutionality of California’s ban on so-called “assault weapons,” with U.S. District Court Judge Roger T. Benitez declaring the state’s statutes regarding such firearms to be unconstitutional. [More]

I normally don't post here on the weekends because I'm occupied with too much other stuff, but this one is important.

Naturally, CNN is dispensing talking points and arguing for the state, even using veiled Alinsky Rule 5 ridicule to do it.

I'm glad this brought up militia use. I just wish that it acknowledged "common use at the time" should mean "by the infantry" if it is to have any meaning at all, and hope this doesn't help "settle" that the NFA "tax" and FOPA prohibition are consistent with Founding intent. I don't mean to diminish this significant "win" -- I'm just thinking about what can come next if it prevails.

To that end, is this the case that will make it to SCOTUS, and if so, will the Roberts court punt again?

4 comments:

Mack said...

Wow - thank you David for this Saturday post!

This actually puts me in a good mood - sort of.

Mack said...

Newsome is full of it:

* https://twitter.com/GavinNewsom/status/1401039242113949697

Mack said...

The LA Times quotes David Kopel:

* https://www.latimes.com/california/story/2021-06-05/after-judge-overturns-california-assault-weapons-ban-state-officials-vow-to-fight-back

Anonymous said...

“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.” CA Gov. Gavin Newsom quoted in the linked article.

So, then, Governor Newsom, for the record, which of the world's armies issue their troops AR15s for use on the battlefield.

Name one.