Please ensure Javascript is enabled for purposes of website accessibility
California's Landmark Assault Weapon Ban May Be Overturned ... Again
GV-Wire-1
By gvwire
Published 1 year ago on
March 4, 2023

Share

Getting your Trinity Audio player ready...

A federal judge is again considering whether to overturn the California assault weapons ban in place since 1989.

Brian Phelps

GV Wire

Analysis

Judge Roger Benitez, a senior U.S. district judge for the U.S. District Court for the Southern District of California, has heard final statements in the Miller v. Bonta lawsuit once again and both sides await a decision that could come at any time.

Current law prohibits the selling, transferring, or owning of what could be considered an “assault weapon.”The ban also covers magazines with an ammunition capacity larger than 10 rounds. If the ban is struck down, California gun owners would be able to buy and sell high-capacity magazines and own an “assault weapon.”

Previous Benitez Ruling Led to ‘Freedom Week’

Benitez heard this case before in 2021, when he overturned the long-standing California assault weapon ban. One week later, the Ninth Circuit Court of Appeals reinstated the law and ordered the lawsuit to be heard by Benitez’s court once more.

Portrait Judge Roger Benitez
U.S. District Judge Roger Benitez

During the week that the law was overturned, hundreds of thousands of high-capacity ammunition magazines were purchased legally during what became celebrated as “Freedom Week” by Second Amendment advocates.

Now the case is back in Benitez’s court — only this time the higher courts may be on his side.

The hearing comes after the Supreme Court recently overturned the New York law requiring individuals to provide “proper cause” when applying for a concealed carry license. This set the new standard for gun restrictions in the higher courts, despite the rise in mass shootings throughout California.

Potential Supreme Court Case

If Benitez overturns the California law again, the Supreme Court may eventually make the ultimate decision on the case.

For now, gun-control and gun-rights advocates are anxiously awaiting Benitez’s decision.

Rick Travis, who is the legislative director for the California Rifle and Pistol Association, says that overturning the ban would be a major win for his organization and supporters.

However, he said, “No matter what happens either way with this decision nothing’s going to change for the foreseeable future. And, when I say that, I mean for years.”

Newsom Predicts Judge Will Overturn the Ban

Gov. Gavin Newsom said in a news conference last month that Benitez will again strike down the ban.

“He’s likely to overturn our assault weapons ban. Stay tuned. Large capacity magazine clips. That will likely also be thrown out by the same ideologues.” — Gov. Gavin Newsom

“He’s likely to overturn our assault weapons ban. Stay tuned. Large capacity magazine clips. That will likely also be thrown out by the same ideologues,” said Newsom.

C.D. Michel, attorney for California Rifle and Pistol Association, has a different take on Benitez than the governor does.

“The judge is fair, thorough, and a thoughtful jurist who holds the state to its burden of proof,” said Michel, a southern California attorney.  “As a refugee from the Cuban revolution, he has seen tyranny up close and personal.”

According to the American Bar Association, Benitez has exhibited an “unfavorable temperament.”

And, on Thursday, a misconduct complaint was filed against Benitez after he ordered the 13-year-old daughter of a defendant to be handcuffed in court.

On the other hand, Sen. Dianne Feinstein (D-CA) has described Benitez as “a man of the highest ethical standard, that he has superb demeanor, intelligence, pragmatism, and fairness.”

RELATED TOPICS:

DON'T MISS

Fuzzy Little Adeline Will Purr You to Sleep

DON'T MISS

Boeing’s Financial Woes Continue, While Families of Crash Victims Urge US to Prosecute

DON'T MISS

Police Tangle With Students in Texas and California as Wave of Campus Protest Against Gaza War Grows

DON'T MISS

Meet the Valley Republican Predicting a November Win Over Esmeralda Soria

DON'T MISS

Wired Wednesday: Construction Workers on 2018 Fresno Unified Project Still Not Paid

DON'T MISS

Slumping California Risks Losing World’s ‘5th Largest Economy’ Title

DON'T MISS

Ukraine Uses Long-Range Missiles Secretly Provided by US to Hit Russian-Held Areas, Officials Say

DON'T MISS

Upward Bound: Edison High’s Garcia Headed to Johns Hopkins

DON'T MISS

Boxing Star Ryan Garcia Wants to Meet Netanyahu, Pledges Aid for Gaza Children

DON'T MISS

Fong Won’t Debate Boudreaux, but We Get Hot Topic Answers Anyway

UP NEXT

Boeing’s Financial Woes Continue, While Families of Crash Victims Urge US to Prosecute

UP NEXT

Police Tangle With Students in Texas and California as Wave of Campus Protest Against Gaza War Grows

UP NEXT

Meet the Valley Republican Predicting a November Win Over Esmeralda Soria

UP NEXT

Slumping California Risks Losing World’s ‘5th Largest Economy’ Title

UP NEXT

Ukraine Uses Long-Range Missiles Secretly Provided by US to Hit Russian-Held Areas, Officials Say

UP NEXT

Upward Bound: Edison High’s Garcia Headed to Johns Hopkins

UP NEXT

Boxing Star Ryan Garcia Wants to Meet Netanyahu, Pledges Aid for Gaza Children

UP NEXT

Fong Won’t Debate Boudreaux, but We Get Hot Topic Answers Anyway

UP NEXT

Legislation Pandering to Tribal Casinos Is a Bad Bet for Fresno Cardroom Employees

UP NEXT

About 1 in 4 US Adults Over 50 Say They Expect to Never Retire, an AARP Study Finds

Meet the Valley Republican Predicting a November Win Over Esmeralda Soria

13 hours ago

Wired Wednesday: Construction Workers on 2018 Fresno Unified Project Still Not Paid

13 hours ago

Slumping California Risks Losing World’s ‘5th Largest Economy’ Title

14 hours ago

Ukraine Uses Long-Range Missiles Secretly Provided by US to Hit Russian-Held Areas, Officials Say

16 hours ago

Upward Bound: Edison High’s Garcia Headed to Johns Hopkins

Local Education /

17 hours ago

Boxing Star Ryan Garcia Wants to Meet Netanyahu, Pledges Aid for Gaza Children

17 hours ago

Fong Won’t Debate Boudreaux, but We Get Hot Topic Answers Anyway

17 hours ago

Legislation Pandering to Tribal Casinos Is a Bad Bet for Fresno Cardroom Employees

18 hours ago

About 1 in 4 US Adults Over 50 Say They Expect to Never Retire, an AARP Study Finds

19 hours ago

Biden Signs a $95 Billion War Aid Measure With Assistance for Ukraine, Israel and Taiwan

19 hours ago

Fuzzy Little Adeline Will Purr You to Sleep

Beautiful little mama Adeline once had a home, a warm bed and food, people to love her. But her humans failed to have Adeline spayed and whe...
Animals /

21 mins ago

Animals /
21 mins ago

Fuzzy Little Adeline Will Purr You to Sleep

12 hours ago

Boeing’s Financial Woes Continue, While Families of Crash Victims Urge US to Prosecute

13 hours ago

Police Tangle With Students in Texas and California as Wave of Campus Protest Against Gaza War Grows

CA District 27 Assembly candidate Joanna Garcia Rose
13 hours ago

Meet the Valley Republican Predicting a November Win Over Esmeralda Soria

13 hours ago

Wired Wednesday: Construction Workers on 2018 Fresno Unified Project Still Not Paid

14 hours ago

Slumping California Risks Losing World’s ‘5th Largest Economy’ Title

16 hours ago

Ukraine Uses Long-Range Missiles Secretly Provided by US to Hit Russian-Held Areas, Officials Say

Local Education /
17 hours ago

Upward Bound: Edison High’s Garcia Headed to Johns Hopkins

MENU

CONNECT WITH US

Search

Send this to a friend