Beautiful Virgin Islands

Wednesday, Feb 18, 2026

U.S. Judge Overturns California's Ban On Assault Weapons

U.S. Judge Overturns California's Ban On Assault Weapons

A federal judge ruled that California’s ban on assault weapons, in place since 1989, violates the second amendment. He described guns such as the AR-15 rifle, which are legal in other states and have been used in several mass shootings, as “like the Swiss Army Knife”. The ruling will be stayed for 30 days, during which California’s attorney-general has promised to appeal against it.
Judge Rodger Benitez ruled that the state was unlawfully depriving Californians of weapons allowed in most other states and by the Supreme Court. Gov. Gavin Newsom has condemned the decision.

A federal judge Friday overturned California's three-decade-old ban on assault weapons, ruling that it violates the constitutional right to bear arms.

U.S. District Judge Roger Benitez of San Diego ruled that the state's definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court.

"Under no level of heightened scrutiny can the law survive," Benitez said. He 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.

Gov. Gavin Newsom condemned the decision, calling it "a direct threat to public safety and the lives of innocent Californians, period."

In his 94-page ruling, the judge spoke favorably of modern weapons, said they were overwhelmingly used for legal reasons.

"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.

That 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," Newsom said in a statement. "We're not backing down from this fight, and we'll continue pushing for common sense gun laws that will save lives."

Bonta called the ruling flawed and said it will be appealed.

California first restricted assault weapons in 1989, with multiple updates to the law since then.

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 argued, and barring them "furthers the state's important public safety interests."

Further, a surge in sales of more than 1.16 million other types of pistols, rifles and shotguns in the last year — more than a third of them to likely first-time buyers — show 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 contended in a court filing in March.

Similar assault weapon restrictions have previously been upheld by six other federal district and appeals courts, the state argued. Overturning the ban would allow not only assault rifles, but things like assault shotguns and assault pistols, state officials said.

But Benitez disagreed.

"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.

Despite California's ban, there currently are an estimated 185,569 assault weapons registered with the state, the judge said.

"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.

In a preliminary ruling in September, Benitez said California's complicated legal definition of assault weapons can ensnare otherwise law-abiding gun owners with criminal penalties that among other things can strip them of their Second Amendment right to own firearms.

"The burden on the core Second Amendment right, if any, is minimal," the state argued, because the weapons can still be used — just not with the modifications that turn them into assault weapons. Modifications like a shorter barrel or collapsible stock make them more concealable, state officials said, while things like a pistol grip or thumbhole grip make them more lethal by improving their accuracy as they are fired rapidly.

The lawsuit filed by the San Diego County Gun Owners Political Action Committee, California Gun Rights Foundation, Second Amendment Foundation and Firearms Policy Coalition is among several by gun advocacy groups challenging California's firearms laws, which are among the strictest in the nation.

The lawsuit filed in August 2019 followed a series of deadly mass shootings nationwide involving military-style rifles.

It was filed on behalf of gun owners who want to use high-capacity magazines in their legal rifles or pistols, but said they can't because doing so would turn them into illegal assault weapons under California law. Unlike military weapons, the semi-automatic rifles fire one bullet each time the trigger is pulled, and the plaintiffs say they are legal in 41 states.

The lawsuit said California is "one of only a small handful states to ban many of the most popular semiautomatic firearms in the nation because they possess one or more common characteristics, such as pistol grips and threaded barrels," frequently but not exclusively along with detachable ammunition magazines.

The state is appealing Benitez's 2017 ruling against the state's nearly two-decade-old ban on the sales and purchases of magazines holding more than 10 bullets. That decision triggered a weeklong buying spree before the judge halted sales during the appeal. It was upheld in August by a three-judge appellate panel, but the 9th U.S. Circuit Court of Appeals said in March that an 11-member panel will rehear the case.

The state also is appealing Benitez's decision in April 2020 blocking a 2019 California law requiring background checks for anyone buying ammunition.

Both of those measures were championed by Newsom when he was lieutenant governor, and they were backed by voters in a 2016 ballot measure.
Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Rupert Lowe Advocates for English-Only Use in the UK
US Successfully Transports Small Nuclear Reactor from California to Utah
South Korea's traditional sand wrestling sport ssireum faces declining interest at home
Japan outlawed Islam
Virginia Giuffre accuses Epstein of trafficking to powerful men for blackmail.
New Mexico lawmakers initiate investigation into Zorro Ranch linked to Jeffrey Epstein
British Tourist Arrested at Hong Kong Airport After Meltdown and Vandalism
Nigel Farage Names Reform UK Frontbench Team and Signals Zero Tolerance for Internal Dissent
Qualcomm to Withdraw UK Lawsuit Over Smartphone Chip Royalty Dispute
Major UK Banks Explore Domestic Card Network to Rival Visa and Mastercard
Cold Health Alert Issued Across UK as Temperatures Drop Sharply
Nine-Year-Old Becomes First Child in UK to Undergo Groundbreaking Leg-Lengthening Surgery
UK Workers Face Stagnant Incomes and a Softening Labour Market as Unemployment Climbs
UK Passport Rules Tightened for British Dual Nationals Under New Travel Guidance
California Deepens Global Climate Alliance with New UK Pact and Major Clean-Tech Investment Drive
UK Supreme Court Tightens Rules on Use of ‘Milk’ and ‘Cheese’ Labels for Plant-Based Products
University of Kentucky Postpones Feb. 19 Law Enforcement Training Exercise in Lexington
‘The only thing illegal is Keir Starmer handing these islands to a country like Mauritius!’
JD Vance says Germany is “killing itself” by taking in millions of fake asylum seekers from culturally incompatible nations.
UK Markets Signal Opportunity as Starmer Confronts Intensifying Political Pressure
Trump Criticises Newsom’s UK Climate Pact, Defends Federal Authority Over Foreign Engagements
UK’s Top Prosecutor Says ‘No One Is Above the Law’ as Police Review Claims Against Ex-Prince Andrew
Rubio Calls for Sweeping U.N. Reform, Saying It Has Failed to End Wars in Gaza and Ukraine
Prince William Meets Saudi Crown Prince as Epstein-Andrew Fallout Casts Shadow
Starmer Calls for Renewed ‘Hard Power’ Investment at European Security Summit
UK Police Establish National Taskforce to Handle Domestic Epstein-Linked Allegations
UK Court Rules Ban on Palestine Action Unlawful in Major Free Speech Test
UK Faces Prospect of Net Migration Turning Negative as Economic Impact Looms
Peter Mandelson Asked to Testify Before US Congress Over Jeffrey Epstein Links
Document Suggests Prince Andrew Shared UK Briefing on Afghan Investment Opportunities with Jeffrey Epstein
Beijing Brands UK Hong Kong Visa Expansion ‘Despicable and Reprehensible’ After Jimmy Lai Sentencing
Tesco Chief Warns UK Is ‘Sleepwalking’ Toward a Joblessness Crisis
Trump’s ‘Act of Great Stupidity’ Comment on UK Chagos Deal Reverberates Through Diplomacy and Strategy
New U.S. filings say Jeffrey Epstein repaid Les Wexner one hundred million dollars after theft allegation
Commerce Secretary Howard Lutnick acknowledges 2012 visit to Jeffrey Epstein’s private island as lawmakers scrutinise past ties
UK Police Review Fresh Claims Involving Prince Andrew as Senior Royals Respond to Epstein Files
Keir Starmer’s Premiership Faces Unprecedented Strain as Epstein Fallout Deepens
Starmer Vows to Stay in Office as UK Government Faces Turmoil After Epstein Fallout
China and UK Signal Tentative Reset with Commitment to Steadier, Professionally Managed Relations
UK Confirms Imminent Increase in ETA Fee to £20 as Entry Rules Tighten
UK Signals Possible Seizure of Russia-Linked ‘Shadow Fleet’ Tanker in Escalation of Sanctions Enforcement
Epstein Scandal Piles Unprecedented Pressure on UK Prime Minister Keir Starmer’s Leadership
UK’s ‘Most Romantic Village’ Celebrates Valentine’s Day and Explores the Festival’s Rich History
Winklevoss-Led Gemini to Slash a Quarter of Jobs and Exit European and Australian Markets
UK Royal Family Faces Intensifying Strain as Epstein-Linked Revelations Rock the Institution
Political Censorship: French Prosecutors Raid Musk’s X Offices in Paris
AI Invented “Hot Springs” — Tourists Arrived and Were Shocked
Tech Mega-Donors Power Trump-Aligned Fundraising Surge to $429 Million Ahead of 2026 Midterms
UK Pharma Watchdog Rules Sanofi Breached Industry Code With RSV Vaccine Claims Against Pfizer
Melania Documentary Opens Modestly in UK with Mixed Global Box Office Performance
×