Federal Judge Strikes Down California’s ‘Unconstitutional’ Assault Weapons Ban, Torches Media

Federal Judge Strikes Down California’s ‘Unconstitutional’ Assault Weapons Ban, Torches Media


A federal judge in the Southern District of California ruled late on Friday that California’s controversial “assault weapons” ban is unconstitutional.

“This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection,” Judge Roger T. 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.”

“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,” Benitez continued. “Federal Bureau of Investigation murder statistics do not track assault rifles, but they do show that killing by knife attack is far more common than murder by any kind of rifle. In California, murder by

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