Federal Judge Overturns CA's Ban On Assault Weapons

CALIFORNIA — A three-decade ban on assault weapons was overturned Friday by a federal judge, who ruled that the ban violated a constitutional right to bear arms.

U.S. District Judge Roger Benitez of San Diego ruled that the Golden State's definition of illegal military-style rifles targets law-abiding citizens. Benitez determined that California's ban unlawfully deprives Californians of owning weapons that are commonly allowed in most other states and by the U.S. Supreme Court.

California began restricting assault weapons in 1989 and has updated the law several times since. To date, there are an estimated 185,569 assault weapons registered within California, despite the ban, Benitez said.

"After handguns, modern rifles are probably the most popular firearms in America. They are quietly owned by millions of law-abiding citizens for lawful purposes ranging from home defense to sporting competitions. Yet, California has banned, and continues to ban, these popular rifles," Benitez said. "Under no level of heightened scrutiny can the law survive."

The federal judge issued a permanent injunction against enforcement of the law but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal.

Benitez defended law-abiding gun owners in the 94-page ruling.

"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 judge said.

Gov. Gavin Newsom issued a statement shortly after the ruling, chastizing the decision as a "direct threat to public safety and the lives of innocent Californians, period."

He further critisized the judge's characterization of the AR-15 rifle.

"As the son of a judge, I grew up with deep respect for the judicial process and the importance of a judge’s ability to make impartial fact-based rulings, but 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," Newsom wrote.

Bonta also condemned the ruling and said it would be appealed.

"Today’s decision is fundamentally flawed, and we will be appealing it," Bonta wrote in a statement.

The ruling follows several deadly shooting incidents reported in California, including a mass shooting that killed nine people in San Jose on May 26.

"There is no sound basis in law, fact, or common sense for equating assault rifles with swiss army knives — especially on Gun Violence Awareness Day and after the recent shootings in our own California communities," Bonta said. "We need to take action to end gun violence now. We will fight this ruling and continue to advocate for and defend common sense gun laws that will save lives."

Assault weapons as defined by the law are more dangerous than other firearms and are disproportionately used in crimes, mass shootings and against law enforcement, with more resulting casualties, the state attorney general’s office has argued.

Last year, there was a surge in sales for more than 1.16 million other types of pistols, rifles and shotguns. More than a third of all sales were likely first-time buyers. In March, the state contended that the boom in sales showed that the assault weapons ban "has not prevented law-abiding citizens in the state from acquiring a range of firearms for lawful purposes, including self-defense."

The state further argued that restrictions on assault weapons have previously been upheld by six other federal district and appeal courts. Overturning the ban would allow not only assault rifles, but things like assault shotguns and assault pistols, state officials said.

The federal judge disagreed with the state on Friday.

"This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection. The banned ‘assault weapons’ are not bazookas, howitzers, or machine guns. Those arms are dangerous and solely useful for military purposes," Benitez said.

Benitez argued that "murder by knife" occurs seven times more often than murder by rifle.

"This is an average case about average guns used in average ways for average purposes," the ruling said. "One is to be forgiven if one is persuaded by news media and others that the nation is awash with murderous AR-15 assault rifles. The facts, however, do not support this hyperbole, and facts matter."

The Associated Press and Patch staffer Kat Schuster contributed to this report.