Good day all. Kalifornistan is well known as a state that doesn’t concern itself with the individual rights of the people, especially the right to keep and bear arms. 30 years ago they passed a law that basically outlawed semiautomatic rifles. This has stood unchallenged, until now. Last Friday, (June 4), a judge threw the law out.
The judge also gave a 30 day stay to allow the Grand Inquisitor Attorney General time to appeal to the 9th Circus. (Which will overturn his order on the grounds that the constitution doesn’t matter) After that, it will head to the Supreme Court where the odds are they will uphold the judge’s initial ruling. Here are the details from the New York Post:
A federal judge on Friday overturned California’s long-standing assault weapons ban on constitutional grounds.
US District Judge Roger Benitez of San Diego ruled that the 1989 ban on military-style rifles deprives state residents of their right to bear arms.
Judge Benitez was appointed by George W. Bush.
“Under no level of heightened scrutiny can the law survive,” Benitez said.
“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 his ruling’s introduction.
This remark in his 90+ page ruling is the one that the Progressives are looking at, completely missing the point. Judge Benitez appears to understand that as a modular design, the Stoner Armalite Rifle, Model 15, has proven to be the most adaptable rifle in history, with simple changes altering the base rifle’s design from one function to another. Since the AR-15 and the military version, the select fire M-16 have been in constant production since the 1960’s, being used for everything from a dedicated target rifle to an infantry rifle to a large bore hunting rifle, the comparison is understandable.
Benitez issued a permanent injunction against enforcement of the law, with a stay of 30 days to give state lawyers time to appeal.
I expect that the 9th Circus Court of Stupidity and Tyranny to overturn the permanent injunction, and this will go to the Supreme Court. The 30 day stay is understandable since Judge Benitez knows that the 9th Circus will ignore the constitution and overrule him. (They are called the 9th Circus for a reason) Of course, the Usual suspects promptly went right off the deep end, enraged that a judge had the nerve to say that the serfs, peons and slaves had any rights, never mind the right to own a gun.
California Gov. Gavin Newsom slammed the decision as “a direct threat to public safety and the lives of innocent Californians, period.”
Vowing to challenge the ruling, the Democrat said that Benitez’s Army knife comparison “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.”
Frankly, the biggest threat to the safety and freedom of the people of Kalifornistan is Gruesome Gavin Newsom, and those people are about to do something about it.
Benitez ruled that the weapons were not extraordinarily dangerous and had legitimate uses for California citizens.
“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,” his ruling said.
Actually, the 2nd Amendment doesn’t specify any differences between military and civilian systems. In fact, when the 2nd Amendment was written, there was private ownership of artillery and naval warships. Technically, I could own a fully armed and equipped aircraft carrier. (Of course, I don’t have $10 billion or so kicking around…)
The judge also pointed out that 185,569 assault weapons are registered in the state — in spite of the ban.
“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.”
“In California, murder by knife occurs seven times more often than murder by rifle,” he added.
Those are the rifles that they know about. I have little doubt that there are a lot more owned by people who brought them in from other states when they moved, and they didn’t register them. (The only purpose for registration is eventual confiscation)
California Attorney General Rob Bonta said assault weapons were disproportionately used in mass shootings and attacks on police — and that barring them “furthers the state’s important public safety interests.”
You couldn’t care less about public safety. All you care about is power and the ability to control every aspect of people’s lives.
Sacramento officials are appealing two other pro-gun rulings by Benitez; a 2017 decision against the state’s ban on sales of magazines holding more than 10 bullets, and a 2020 ruling blocking background checks for those buying ammunition. Both were ballot measures championed by Newsom and backed by voters in 2016.
I don’t recall the ballot measures, however I know there have been others that have been tossed by judges, generally those that the Ruling Elites wanted thrown out. (At least one of those ruling is very questionable since the judge had a vested interest in the outcome) If the ballot initiatives were typical of those pushed by the Ruling Elite, the voters were flat out lied to and the wording was vague.
Without a doubt this case, along with the others may be headed for the Supreme Court, and the court is now taking cases involving the 2nd Amendment for the first time since the Heller decision. One of them is a case regarding the bearing of firearms. (Heller was about keeping/owning them)
If that case goes the way I hope it does, a large number of gun control laws and ordinances are going to be declared unconstitutional. If the three cases that Judge Benitez has ruled on also make it to the Supreme Court, there is an excellent chance that his rulings will also be upheld and a fair chunk of the NFA ended.
The people of America have made their decision and the current shortages of guns and ammunition prove it. At least 6 million people, who have never owned a gun, have bought at least one in the last year. They aren’t about to let people like Newsom or Dementia Joe take them away. This is the reason for the 2nd Amendment. It provides the average citizen with the tools they need to act as the final check and balance on an out of control, tyrannical government. This is why the Progressive Liberal Ruling Elites are so enraged with Judge Benitez and are considering packing the Supreme Court. At all costs, the serfs must not be able to resist their betters. Good luck with that one.
Thatisall
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