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« Memorial Day | Main | ATF proposed rule on stabilizing braces »

Calif. "Assault Weapons" Ban Struck Down

Posted by David Hardy · 5 June 2021 11:59 AM

Firearms Policy Coalition takes the win! Their press release is here, the opinion itself is here.

"Nationally, modern rifles are ubiquitous. In 2018 alone (the most recent year with data), 1,954,000 modern rifles were manufactured or imported into the United States. Over the last three decades, 19,797,000 modern rifles have been manufactured or imported into the United States and the numbers have been steadily increasing. Pls. Exh. 4-8, NSSF Firearm Production in the United States, at 7. Almost one-half of all rifles (48%) produced in 2018 were modern rifles. Id. at 18. That is 664,360 rifles. That same year, 34% of buyers purchased a modern rifle for personal protection, while 36% purchased for target practice or informal shooting, and 29% purchased for hunting. Pls. Exh. 4-5, NSSF Survey, at 9. In contrast, only 5% of traditional rifles were bought for personal protection."

Not that it's likely to last, since any appeal is to the 9th Circuit, the most anti-2A circuit in the country. But any victory, esp. one of this magnitude, should be celebrated. It may become part of a growing trend.

7 Comments | Leave a comment

Michael Murray | June 6, 2021 7:46 AM | Reply

Oh yes, the wonderful wisdom of the 9th circuit.
I wish I could be optimistic, but the overriding trend seems to be in the choices of consumers, rather than the perceptions of our masters.

Anonymous | June 6, 2021 1:18 PM | Reply

US District Judge Roger Benitez also authored the decision vacating California's ban on high capacity magazines (before staying it himself pending CA appeal).

Why is he the only judge who rules this way?! [:rolleyes;]

Fyathyrio | June 6, 2021 3:52 PM | Reply

If you mean the positive results, his mag ruling was upheld by the 3 judge panel at CA 9th, it was the en banc that killed it. There are a few honest judges that can read the constitution and evaluate evidence without their feelz getting triggered. If you mean the self-staying of his rulings, I'm guessing he's just saving time since it would happen anyway. One less hearing to sit through.

Dave D. | June 7, 2021 6:42 AM | Reply

....Show me the gun and I'll show you the crime. California is a corrupt state. It cannot be reformed by court edict. California politicians and media will find a way around this ruling, as they do around other laws and rulings they don't want to recognize or enforce. It's a rigged system there, just as it is in New York and some other places.
...This is the Dredd Scott decision for gun grabbers. They will find a work around. They always have.

CDR D | June 8, 2021 8:36 AM | Reply

Today's East Bay Times had a hit piece on Judge Benitez; they also printed another op-ed hit piece by George Skelton of the LA Times. Expect more.

CDR D | June 9, 2021 8:40 AM | Reply

Another hit job in the EBT this AM. Editorial by Erwin Cherminsky, a UC Berkeley prof, ridiculing the judge's "Swiss Army Knife" comment. He says, "A Swiss Army Knife might be used to stab one person, but an AR-15, blah, blah, blah..." As with other critics of the decision, Cherminsky is being deliberately obtuse, hoping readers will miss the point of the judge's comparison with regard to multi-purpose uses. Either that or he's a genuine fool, and I pity his students.

Dave D. replied to comment from CDR D | June 10, 2021 10:13 AM | Reply

...Right on both suppositions. Come pick up your seegar.

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