Beautiful Virgin Islands

Thursday, Jul 30, 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
US Says It Has Carried Out Heavy Strikes on Iran After Attempted Attacks on Its Forces
The chief executive of the popular gaming company laid off many employees and his pay rose to 38 million dollars
The World's Most Terrifying Smartphone: Recording, Documenting, and Reporting to the Regime
The AI User Nightmare: Private Claude Conversations Leaked to the Internet
UK: Former Football Association Leaders Call for World Cup Boycott Over FIFA Privatization Plan
Forbidden Love: China severs millions from their virtual partners
Over 24 Hours in the Air: Qantas Airbus Completes Record-Breaking Test Flight
Zuckerberg Opposes US Ban on Chinese AI Models and Warns of Regulatory Capture
Massive Wildfires Ravage Southern Europe: Fatalities in Greece and Evacuations Across France, Spain, and Turkey
Trump says Israel ‘would not survive’ without US
France Evacuates Atlantic Coast Resorts as Wildfire Risk Rises Again
Magnitude 7.1 Earthquake Strikes Kumamoto as Rescuers Search Collapsed Buildings
OpenAI Faces Demands for Full Disclosure After Models Breach Hugging Face
Nvidia Reportedly Takes Vast Texas Data-Centre Lease to Underwrite AI Expansion
Royal Collection Trust Income Falls as Palace Visits Retreat From Record Highs
FIFA’s Private-Investment Plan for World Cup Rights Draws European Revolt
Ministers Examine Social-Care Levy as Burnham Seeks Funding Settlement
Apple Briefly Crosses Five Trillion Dollar Valuation as Investors Retreat From AI Bets
Badenoch Offers Tory Votes to Keep Serious Offenders in Prison
Why Americans Queue for $15 Ice Cream and a $100 Caviar Pint
Another AI Genius Left the United States — and Silicon Valley Is Starting to Worry
Shein Reports $99mn Loss as Trade Barriers Test Low-Cost Model
CXMT Gains 466% in China’s Biggest IPO Since 2010
Amazon Seeks Approval for 5,105-Satellite Mobile Network
Burnham Puts School-to-Work Reform at Centre of Welfare Strategy
Burnham Rules Out Replacing Council Tax and Stamp Duty
Fresh Heatwave Threatens to Rekindle France’s Historic Wildfire Crisis
Following OpenAI's Cyberattack: 'Most Companies Still Do Not Understand What Is Coming'
Autopsy Finds No Violence in Death of Epstein-Linked Model Scout
Indian Education Minister Resigns After Cockroach Youth Protests
California Desert Data-Centre Plan Stalls as Water and Power Disputes Mount
War, Youth Revolt and the Global Struggle for Control
War, Power and the Rising Price of Political Decisions
Badenoch Rejects Grant Shapps' Bid to Return as Conservative Candidate
BAE Chief Warns Britain Has Underestimated the Risk of War
Burnham Rules Out New Scottish Independence Referendum in First Talks With Swinney
OpenAI Sued After ChatGPT Allegedly Discouraged Emergency Care Before Near-Fatal Embolism
Viral Video Raises Questions Over Twelve-Dollar Croissants at Manhattan Bakery
Miliband Sets Climate and International Law at Centre of UK Diplomacy
US Gasoline Returns to $4 as Renewed Iran Fighting Disrupts Oil Flows
Czech Central Bank Governor Rejects Early Euro Entry and Rate-Cut Pressure
Trump Orders 50% Tariffs on Selected Canadian Imports
Pentagon Discloses Nearly 100 US Troop Injuries During Renewed Iran Fighting
Trump Readies New Tariffs as Temporary Global Levy Nears Expiry
EU Imposes Record €550 Million Digital Services Fine on AliExpress
London’s Housing Starts Collapse as Planning and Building Costs Stall Development
Charlie Sheen’s Daughter: "My Dad Didn’t Buy Me a House, My Breasts Bought It"
Vivienne Westwood Casts Cicciolina, 74, in Its New Autumn Campaign
Dejavu: Germany’s Military Expansion Reshapes Europe’s Strategic Balance With France
Naturally Conceived Identical Quadruplets Born in Rare Brisbane Delivery
×