California Assault Weapon Law Ruled Unconstitutional

[Franko]

The Honorable Judge Roger T Benitez has struck down California's ban on "assault weapons" as unconstitutional. The state now has 10 days to request a stay on Judge Benitez's ruling or all those fin grips, magazine locks, and other crap go in the garbage and California residents get to join America again in being able to own an un-neutered semi-automatic rifle.

Of course, it's highly likely that the 9th Circuis will once again find a way to twist the Constitution into a liberal pretzel to impose a stay. Just a few weeks ago these same 9th Circuit Judges stayed a Judge Benitez ruling on standard capacity magazines with the deep and nuanced legal analysis of "we stay this ruling because we think the State will win".

So good news for California gun owners and even better entertainment for the rest of you all.

 

[wvfarrier]

No doubt the 9th will quash it just to force the USSC to ignore

 

[Franko]

No doubt the 9th will quash it just to force the USSC to ignore

In the recently decided Duncan case (standard capacity mags) the 9th Circuit broke their own internal rules of protocol and misapplied the law regarding the granting of stays. I expect their antics involving this decision are going to be even wilder.

 

[Mongo68]

It’s already stayed by Benitez and notice of appeal is already filed by bonta

 

[theLBC]

benitez is a hero either way. at least he is doing his part to protect our rights.

 

[Franko]

It’s already stayed by Benitez and notice of appeal is already filed by bonta

Yes, it's a 10 day stay to give the State time to ask for a longer stay. If the State's request isn't granted we all get to own normal AR15's 10 days from now. If the stay is granted we get to wait till the State's appeal runs its course. In any non-gun case this stay wouldn't be granted but due to it being a gun case I expect the anti-gun justices will come up with something wild to justify the stay.

 

[Franko]

benitez is a hero either way. at least he is doing his part to protect our rights.

He is doing superb work.

 

[hafejd30]

I hope the best for you CA guys

Rarely once a right is taken (especially in a state like cali) is it ever restored

 

[theLBC]

I hope the best for you CA guys

Rarely once a right is taken (especially in a state like cali) is it ever restored

lol, you should see the number of normal capacity magazines that californians bought when he (judge b) managed to get that restriction removed (before the 9th put it back). we call it freedom week.

 

[hafejd30]

lol, you should see the number of normal capacity magazines that californians bought when he (judge b) managed to get that restriction removed (before the 9th put it back). we call it freedom week.

So does that mean in 11 days I should list all my ARs in the px at premium prices to CA residents only

 

[Franko]

So does that mean in 11 days I should list all my ARs in the px at premium prices to CA residents only

Depends on who made them. California residents can buy most semi-auto guns as parts so CA residents usually have the guns they want already but in a gimped setup with a fin grip and the like. However, some guns are banned by name (e.g., KAC SR15) so they will probably command a premium for CA collectors and folks who want one of the prohibited models.

 

[Hairball]

Unfortunately, nothing is going to change. They will keep playing judge versus judge for years.

 

[theLBC]

So does that mean in 11 days I should list all my ARs in the px at premium prices to CA residents only

there are other restrictions in place about the transfer of any firearm that would still be a pain i think.

 

[hafejd30]

there are other restrictions in place about the transfer of any firearm that would still be a pain i think.

Well fine then….

I guess I’ll just sit on my gold mine if psa’s

I know what I got!!

 

[FWoo45]

benitez is a hero either way. at least he is doing his part to protect our rights.

 

[FWoo45]

lol, you should see the number of normal capacity magazines that californians bought when he (judge b) managed to get that restriction removed (before the 9th put it back). we call it freedom week.

I bought mags for guns I still don't own, some that I do now, and some that I had. That Friday night, I was sitting on the couch holding a flaming credit card in one hand and my phone constantly pinging with order confirmations in the other. Tears streaming down my face while I subjected the whole neighborhood to "freedom train" booming out of the LaScalas. Once you get a taste of freedom, you don't forget it.

 

[OldSalty2]

Tears streaming down my face while I subjected the whole neighborhood to "freedom train" booming out of the LaScalas.

 

[DIBBS]

In Communist Washington State, residents should be so lucky, as to get a favorable court ruling against the libtards AR and magazine capacity bans.

 

[Franko]

In Communist Washington State, residents should be so lucky, as to get a favorable court ruling against the libtards AR and magazine capacity bans.

Well there is sort of a silver lining. California will appeal this ruling and if it loses the appeal it also probably kills off the AR ban in Washington as they are both part of the 9th Circuit. So think of this as a bit of an insurance policy if the current case in Washington doesn't go the way you hope.

 

[DIBBS]

And, I believe, the 9th circuit is the most overturned court in the Nation on their rulings, or were at one time.?

 

[Franko]

And, I believe, the 9th circuit is the most overturned court in the Nation on their rulings, or were at one time.?

Yes, it's called the 9th Circus for a reason.