The California Gun Control has hit and the media is outraged!
The gun control supporters howl. They grind their teeth in anger knowing that their “failed experiment” and labyrinth of lies have collapsed. Your gun grip is exposed as unconstitutional.
US District Court judge Roger Benitez overturned California’s 30-year ban on modern sporting rifles (MSRs) when he passed his verdict Müller v. Bonta, a challenge to the state law banning so-called “assault rifles”. Judge Benitez neatly disassembled the law by asking simple questions. Is the law against the constitution? Does the law comply with case law? Are AR-15s in common possession?
Truck-sized holes in the anti-weapons argument
On the question of constitutionality, he wrote: “The second amendment protects modern weapons … They are mainly rifles, pistols and AR-15 shotguns. Plaintiffs and others refer to them as “modern sporting rifles,” although they are clearly not just useful for sport. “
On the question of judicial precedent, Judge Benitez examined both under the landmark rather Ruling finding there is a pre-existing individual right to keep and carry weapons in common use (which applies to states) and the US Court of Appeals for the Ninth District’s “two-step review test”.
“The overwhelming majority of citizens who own and keep the popular AR-15 rifle and its many variants are doing so for legitimate purposes, including self-defense at home,” wrote Judge Benitez. “Under Heller, that’s all it takes. The easy-to-understand Heller test makes it clear that the California ban on assault weapons is unconstitutional. After the Heller test, the judicial review can end right here. “
Judge Benitez wrote that the two-step test of the ninth circle, unlike Heller, is anything but easy. The first step is to determine whether the law is supposedly lawful or a historical regulation. California’s ban fails on both counts. The second step questions the scrutiny that the future law would require and examines the burden it will place on the second amendment. Because the Second Amendment clearly pays the utmost attention to the right to self-defense and the California prohibition criminalizes the ability to defend oneself at home with an MSR, it fails the control test.
“If a serious restriction of the fundamental right to self-defense amounts to a destruction of the right of the second amendment, this is unconstitutional at every examination,” wrote Judge Benitez.
The final question of whether MSRs are community owned has been asked and effectively answered.
(Courtesy Kat Ainsworth Stevens)
“Applied to [Assault Weapons Control Act]The Heller Test asks: Is a modern rifle commonly owned by law abiding citizens for any legitimate purpose? For the AR-15 rifle the answer is ‘yes’. “
Judge Benitez noted that there were nearly 20 million MSRs in circulation in 2018. “There are probably more modern rifles in circulation than Ford F-150 pickup trucks,” he wrote. “In 2018, 909,330 Ford F-150s were sold. Twice as many modern rifles were sold in the same year. Imagine every time you pass a new Ford pickup truck you are reminded that two new modern rifles have been bought. That’s a lot of modern American-owned rifles. “
The Lamentations of the Left
This has the gun control barking at the moon.
Igor Volsky, Executive Director of Guns Down America and Vice President of the far-left Think Tanks Center for American Progress, let go of rapid fire tweet storm.
18 / Assault weapons do not fall within the scope of # 2A b / c like the M16, they are most useful in military service.
SCOTUS has made it clear that # 2A does NOT protect weapons that are “most useful in military service”, such as the “M-16 and the like”.
– igorvolsky (@igorvolsky) June 5, 2021
He began to call the verdict “angry”, claiming a 30-round magazine could be fired in less than five seconds (perhaps by Jerry Miculek), somehow trying to argue that only two rounds are used in self-defense, which is what judges Benitez discredits and ends with demands from liberal lawmakers on how to write laws that survive constitutional scrutiny by the courts.
Short answer, Igor; they won’t and they shouldn’t.
Keith Olbermann, a sports commentator who went far left in politics before he himself was drummed off by liberal networks, called Judge Benitez a “death-worshiping fascist” Tweet.
This is Judge Roger Benitez, a death-worshiping fascist who has never noticed that the word “possess” – or something like that – is missing in the 2nd amendment to the constitution.
We can no longer tolerate gun fools in the judiciary https://t.co/8s0xL4VVNL
– Keith Olbermann (@KeithOlbermann) June 5, 2021
Olbermann did not take into account the specific references made by Judge Benitez to the inherent right of self-defense, which by definition is the support of life.
John Donahue, a law professor and gun control advocate at Stanford University, whose testimony was discredited by Judge Benitez, said The Mercury News, “This was a long-term effort by the gun lobby, but by the time they got the fifth (conservative) justice system I thought it would be largely ineffective. But now we are in great danger. “
He is right about one point. The NSSF has made long-term efforts to get the courts to apply the law in accordance with the Constitution.
Dick Heller will be giving US history on Thursday the 26th. (AP Photo / Jose Luis Magana)
The Giffords Law Center for the Prevention of Gun Violence called Judge Benitez an “extreme outlier”. This is the same Giffords organization that is still working David Chipman, President Biden’s candidate to head the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Chipman wants to ban “assault weapons”, but couldn’t define it when questioned at his recent confirmation hearing before the Senate Judiciary Committee.
California promises disarmament
Judge Benitez granted a respite in his decision to allow California Democratic Attorney General Rob Bonta to appeal to the Ninth District. Office of the Democratic Governor Gavin Newsomom called The decision was a “slap in the face” and promised: “We will not deviate from this fight and continue to push for gun laws with common sense that will save lives.”
California has one of the strictest gun control laws and prefers that its citizens remain unarmed and helpless when their lives are threatened. Judge Benitez pointed to this distinction in his ruling when comparing California’s stance on litigation with the views of the Oakland Police Chief that crime victims should not arm themselves but should be willing victims to testify against their attackers.
“Of course a dead victim is a lousy witness,” noted Judge Benitez.
Judge Benitez also stressed the importance of the courts defending citizens’ rights against an overzealous government agency that would nullify rights in the name of public safety.
“Ultimately, the Bill of Rights is not a list of proposals or guidelines for social compensation. The Bill of Rights prevents the tyranny of the majority from depriving a minority of the rights, ”wrote Judge Benitez.
“If a state nibbles on constitutional rights, who will protect the minorities? The federal courts. The Second Amendment protects the right of every law abiding citizen to be armed to defend themselves, their families and their homes. At the same time, the Second Amendment protects a citizen’s right to keep and carry weapons in case the militia is needed to fight invaders, terrorists and tyrants. The second amendment is about America’s freedom: the freedom to protect yourself, your family, your home and your homeland. The California ban on assault weapons disregards this freedom. “
So judge Benitez lets the gun control howl.
Larry Keane is SVP for Government and Public Affairs, Assistant Secretary and General Counsel to the National Shooting Sports Foundation.