California’s “assault weapons” ban was ruled unconstitutional Friday in the U.S. District Court for the Southern District of California.
The case, Miller v. Bonta, argued California’s ban on so-called “assault weapons” violated the Second Amendment.
Judge Roger T. Benitez, appointed by President George W. Bush, agreed with the plaintiff’s contention, ruling:
The Second Amendment “elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home.” Heller, 554 U.S., at 635. The Supreme Court clearly holds that the Second Amendment protects guns commonly owned by law-abiding citizens for lawful purposes. At the same time, “the Second Amendment confers an individual right to keep and bear arms . . . that ‘have some reasonable relationship to the preservation or efficiency of a well regulated militia.’”
And although the Supreme Court cautioned that the Second Amendment does not guarantee a right