Does this sentence bug you? "Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment . . . Firearms deemed as 'assault weapons' are fairly ordinary, popular, modern rifles."
That's part of an opinion issued Friday that overturns California longstanding ban on the sale of assault weapons in the state, which was first enacted in 1989.
It's not just the judge's statement, but the language itself that's jarring. "[He] took the language from the gun lobby to write this opinion," said anti-gun activist Fred Guttenberg, whose daughter was killed at the Marjorie Stoneman Douglas High School massacre. The AR-15 has played a prominent part in the nation's mass shootings.
The case was brought by a coalition of gun-rights groups. They're making good use of a federal judge, Judge Roger Benitez, whose second-amendment enthusiasm apparently equals their own.
In 2017, Benitez ruled in favor of the plaintiffs in a case challenging the state's ban on magazines holding more than 10 bullets. That previous decision is still being appealed. In 2020, Benitez also blocked a new law that would have required personal identification for the purchase of ammunition.
California Governor Gavin Newsom condemned the decision, calling it “a direct threat to public safety and the lives of innocent Californians, period.” He said further, "We're not backing down from this fight, and we'll continue pushing for common sense gun laws that will save lives."
The judge granted a 30-day stay -- bear with me on this -- before his permanent ban of the ban on the sale of assault weapons takes effect. That allows the state to file an appeal beforehand.
Benitez's opinion is contrary to rulings by six other federal districts, according to California's argument. (Benitez was appointed by George W. Bush.) Still, AR-15 rifles have gained popularity in the United States since a federal assault-weapons ban expired in 2014, and gun sales have soared during the past year.
If AR-15 assault rifles qualify as "fairly ordinary," to Judge Benitez, what weapon isn't? Wrote the judge, “The banned ‘assault weapons’ are not bazookas, howitzers, or machine guns. Those arms are dangerous and solely useful for military purposes.”
So if you live in California and notice that your neighbors have installed a howitzer in their back yard, you will know that their taste in weaponry is extreme. Not so if they merely sit around with their AR-15s at the ready.
Considering that until Friday, California's assault-weapons ban was in effect for three decades, is it even fair that a single out-of-orbit judge can strike down a law designed to protect residents?
Should Judge Benitez be impeached? Can you think of any successful ways to reduce the sale of assault weapons other than using a ban like California's?
https://www.huffpost.com/entry/california-assault-weapons-ban-overturned_n_60bb4949e4b0ea8a191ebeaf?fbclid=IwAR1D4yPSu9mv0mh4yefbQw5P1ejM4FJ27xg9Jc2r5BHQsXtVsJGjdDcbxLU
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