Breitbart by AWR Hawkins4 Jun 2021
California’s “assault weapons” ban was ruled unconstitutional Friday in the U.S. District Court for the Southern District of California.The case, Miller v. Bonta, argued California’s ban on so-called “assault weapons” violated the Second Amendment.
Judge Roger T. Benitez, appointed by President George W. Bush, agreed with the plaintiff’s contention, ruling:
The Second Amendment “elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home.” Heller, 554 U.S., at 635. The Supreme Court clearly holds that the Second Amendment protects guns commonly owned by law-abiding citizens for lawful purposes. At the same time, “the Second Amendment confers an individual right to keep and bear arms . . . that ‘have some reasonable relationship to the preservation or efficiency of a well regulated militia.’”
He added:
And although the Supreme Court cautioned that the Second Amendment does not guarantee a right to keep and carry “any weapon whatsoever in any manner whatsoever and for whatever purpose,” Heller, 554 U.S., at 626, lower courts have often cited this proviso about extreme cases to justify gun laws in average contexts. There is no evidence that the Supreme Court intended that language to be a license to avoid its common sense holding in average contexts.
Benitez also noted:
Heller took the already expansive zone of protection for weapons that could be used by the militia and focused on the core use of firearms for self-defense. “The [Heller] Court determined that the right to keep and bear arms is an individual right held by the people, and not limited by the prefatory clause — ‘a well regulated Militia’ — only to ‘the right to possess and carry a firearm in connection with militia service.’
More:
https://www.breitbart.com/politics/2021/06/04/judge-rules-californias-assault-weapons-ban-unconstitutional/
