U.S. Judge Says COVID Vaccine Kills More Than CA Mass Shootings

SAN DIEGO, CA — U.S. Judge Roger Benitez overturned a three-decade-old ban on assault weapons in the Golden State last week, drawing vitriol from the governor after he compared the AR-15 to a swiss army knife.

But another statement from the San Diego-based judge lurking in the 94-page ruling has been raising eyebrows across the country.

"More people have died from the Covid-19 vaccine than mass shootings in California," Benitez said on page 47 of the ruling.

His office did not immediately respond to Patch for comment.

There have been three recorded cases of those who died after suffering from blood clotting linked to the Johnson & Johnson vaccine across the U.S., CNBC reported. In California alone, 14 people have been killed in a mass shooting in 2021.

By comparison, there have been 232 mass shootings — typically defined as a shooting that injures or kills four or more — across the country in 2021, the New York Times reported.

It is unclear which data he might reference to back up his claim that coronavirus vaccines are more dangerous than assault rifles. His controversial statement harkens back to Fox News host Tucker Carlson's suggestion that 3,362 Americans died after getting the vaccine.

Carlson cited data from the federal government's Vaccine Adverse Event Reporting System, but the data in those reports is unverified, the Washington Post reported. Links to potential side effects, including deaths have not been proven. The list merely includes anyone who died for any reason after getting the vaccine.

It's also unclear whether Benitez meant to reference "breakthrough" coronvirus cases — defined as infections that occur in those who are two weeks out from their last vaccine shot.

In California, there have been 5,305 recorded cases of coronavirus in fully vaccinated people. At least 40 of these Californians died, the state's Department of Public Health told Patch.

But these deaths are not caused by the vaccine.

The federal Judge ruled Friday that California's 32-year ban was a "failed experiment" and violated a constitutional right to bear arms.

Benitez ruled that the Golden State's definition of illegal military-style rifles 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.

His ruling also comes on the heels of a mass shooting that unfolded in San Jose late last month, which killed nine victims and the shooter.

"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.

In the San Jose shooting, the suspect, who was also killed, used a high-capacity magazine with 12 rounds, which is prohibited under California's ban, the San Francisco Chronicle reported.

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

"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.

California's newly appointed Attorney General Rob Bonta also decried the ruling and said it would be appealed.

"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.

READ MORE: Federal Judge Overturns CA's Ban On Assault Weapons