This is a welcome development:
A federal judge ruled Friday that California’s “assault weapons” ban is unconstitutional.
The court found the state’s ban on the sale of AR-15s and other popular rifles violated the Second Amendment. Judge Roger Benitez [of the United States District Court for the Southern District of California] ruled the guns targeted by California are in common use. He said the state ran afoul of the Constitution in restricting access to them.
“This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection,” Benitez wrote. “The banned ‘assault weapons’ are not bazookas, howitzers, or machineguns. Those arms are dangerous and solely useful for military purposes. Instead, the firearms deemed ‘assault weapons’ are fairly ordinary, popular, modern rifles.
“This is an average case about average guns used in average ways for average purposes.”
California’s ban is one of the oldest and most aggressive in the country. It was instituted in 1989 but has been expanded multiple times in the decades since. The state added more guns and features to the ban. Eventually, it banned the possession of unregistered “assault weapons” before the latest iteration of the ban was challenged by gun-rights groups in federal court.
Benitez said the AR-15’s versatility made it widely popular in the United States, and that popularity is part of what gives it protection under the Second Amendment. He compared the modular firearm to a “Swiss Army Knife” and noted its use for home defense and civil defense.
“Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller and United States v. Miller,” he said. “Yet, the State of California makes it a crime to have an AR15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional.”
1989 means the ban even predates the cosmetic Clinton-era “assault weapon” ban intended to ban ARs, AKs, and most modern sporting rifles. Indeed, the Roberti-Roos Assault Weapons Control Act of 1989 was the model the Clinton Administration used for their own ban, including the dreaded barrel shroud. Roberti-Roos is also the source of California’s infamous ban on detachable magazines and those holding more than 10 rounds.
For those that say the Republican Party has been completely useless at achieving conservative objectives, I would point to the appointment of strong Federalist Society and pro-Second Amendment judges as one of many counter examples. Without Reagan and Bush41, we don’t get Scalia and Thomas, and without them we don’t get Heller. Indeed, without originalist judges, the Second Amendment would probably have been legislated away entirely by now…