A federal appeals court reinstated California’s 34-year-old assault weapons ban after a federal judge ruled it unconstitutional, according to Reuters.
U.S. District Judge Roger Benitez blocked the ban in an Oct. 19 ruling stating the law prohibited law-abiding citizens from being able to practice their Second Amendment right to “keep and bear arms,” per Reuters. A three judge panel in the 9th U.S. Circuit Court of Appeals blocked Benitez’s injunction in a 2-1 majority, the outlet reported.
The panel ruled in favor of state Attorney General Rob Bonta’s appeal in support of the ban, the outlet reported. Bonta, a Democrat, praised the appeals court’s decision and accused Benitez’s decision of being “dangerous and misguided,” likely in the wake of the recent mass shooting in Maine which left 18 dead.
“Weapons of war do not belong on our streets,” Bonta said.
Federal judge strikes down California ‘assault weapons’ ban, Bonta appeals | Just The News https://t.co/BgLrEHFYdX
— John Solomon (@jsolomonReports) October 21, 2023
California restricts the manufacture, distribution, transportation, importation, sale or possession of firearms the law considers to be “assault weapons,” per the outlet. The state defines these weapons as having particular tactical enhancements or configurations to make them more dangerous. The ban on so-called assault weapons became state law in 1989, making California the first state to enact a ban on such firearms, per the outlet. (RELATED: Kamala Harris Praises Australian Gun Ban After Maine Shooting)
In the recent ruling, Benitez argued that modern semi-automatic rifles, including the AR-15, are widely owned by many law-abiding citizens across the nation and are “virtually the same” as other legal semiautomatic weapons in the state.
“This case is about California laws that, in contrast to these constitutional principles, make it a crime to acquire and possess many common modern semiautomatic firearms,” Benitez wrote in his decision. “Modern semiautomatic rifles like the AR-15 platform rifle are widely owned by law-abiding citizens across the nation. Other than their looks (the State calls them ‘features’ or ‘accessories’) these prohibited rifles are virtually the same as other lawfully possessed rifles.”
Benitez similarly ruled the ban unconstitutional in a 2021 ruling, but the same appeals court vacated his decision and ordered Benitez to review the matter, Reuters reported. The judge also ruled that the state’s ban on high-capacity ammunition magazines are unconstitutional, but the ban remained in place after the 9th U.S. Circuit Court of Appeals ruled in favor of it.
