Benitez has previously ruled against California's law against magazines that hold more than 10 bullets and the one requiring background checks for buying ammunition.SACRAMENTO, Calif. (AP) — A federal judge Friday overturned California’s three-decade-old ban on assault weapons, ruling that it violates the constitutional right to bear arms.
U.S. District Judge Roger Benitez of San Diego ruled that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court.
“Under no level of heightened scrutiny can the law survive,” Benitez said. He issued a permanent injunction against enforcement of the law but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal.
In his 94-page ruling, the judge spoke favorably of modern weapons, said they were overwhelmingly used for legal reasons.
“Like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle,” the judge said in his ruling’s introduction.
https://apnews.com/article/california-g ... e41a087468
Regulating guns has been a state's right since the beginning, so I imagine the ruling will be overturned. But you never know.