Thursday’s ruling by U.S. District Judge Roger T. Benitez which struck down California’s ban on so-called “assault weapons” should have a direct impact on a similar ban in Washington, because both states are in the U.S. Ninth Circuit Court, the Second Amendment Foundation says.
“If a gun ban in California is unconstitutional,” SAF founder and Executive Vice President Alan M. Gottlieb observed, “it is just as unconstitutional in Washington state.”
“We are eager to see this case through to what may become a Supreme Court confrontation, because we are confident that we will prevail. People who support gun bans, like California Gov. Gavin Newsom and Washington Attorney General Bob Ferguson, are wrong on this important constitutional issue.”
The case is known as Miller v. Bonta, filed by SAF, the San Diego County Gun Owners Political Action Committee, California Gun Rights Foundation, Firearms Policy Coalition and four private citizens, including James Miller, for whom the case is named. They are represented by attorneys George M. Lee at Seiler Epstein, LLP and John W. Dillon at the Dillon Law Group, APC.
In his 79-page ruling, Judge Benitez wrote, “While criminals already have these modern semiautomatics, the State prohibits its citizens from buying and possessing the same guns for self-defense. At the same time these firearms are commonly possessed by law-abiding gun owners elsewhere across the country. Guns for self-defense are needed a lot because crime happens a lot. A recent large-scale survey estimates that guns are needed defensively approximately 1,670,000 times a year. Another report, originally commissioned and long cited by the Centers for Disease Control and Prevention estimated that there are between 500,000 and 3,000,000 defensive gun uses in the United States each year.”
“Judge Benitez’ ruling is a stinging rebuff to the gun prohibition movement,” said SAF Executive Director Adam Kraut. “His detailed discussion of the history of firearms regulation, along with his dismantling of the state’s arguments and assertions of its experts sends a signal that the days when gun banners could simply attack the Second Amendment without challenge are finished.”
“We will take this challenge to the Supreme Court if necessary, as part of our commitment to restore firearms freedom, one lawsuit a time.”
Second Amendment Foundation
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
The sooner SCOTUS COWARDS finally rule on so-called “assault weapons” and standard capacity mags, the better. And this ruling details the fact the state and federal gov knew they have zero authority to police ownership and possession of civilian arms. Also, it details that common use weapons cannot be banned, which is anything over 200,000 (Caetano) like the stun guns, and applies to the 700,000 owned machine guns, which every citizen is entitled to own should they so choose. The NFA and GCA ARE UNCONSTITUTIONAL, per the 2nd, the first 100 years of the nation, Bruen, Heller, Caetano, etc.
Imagine the MILLIONS of dollars spent and time wasted fighting to overturn an item that doesn’t exist. THIS is a true testament to the level of intelligence of the mass majority.
And to Hawaii.
WE, The People should have NEVER allowed things to get this bad in the first place. Granted, we were not around in 1932-33 to prevent the first of such infringements, nor old enough to prevent the 1968 incursion, but we CAN keep pushing to reverse ALL OTHER infringements and HOPEFULLY teach the responsibilities and duties to the next generation to maintain.
You would think the fundamentals of LAW as it is, (SEE: 2nd Amendment) would send a loud and clear signal warning ALL jurisdictions to never attempt these unconstitutional violations As well, WE, The People should be tacking on MULTI-MILLION DOLLAR penalties to the states and other jurisdictions for having to overturn these infringements / violations as a warning for all others to forever cease and desist such actions ever again.
do you know why it is a “bill” of rights….we have been fighting in court to stop infringements against our rights we have run up one heck of a bill
There’s more than just one definition of the word “bill” consult one of those things called a dictionary sometime. If you want to learn how to destroy the legal system, study a law dictionary, like I did!!
Just Iike HochuI in NY, Iibtard poIiticians in KaIifornia wiII ignore it.
Hell, it should apply to all states especially the left coast of lefties Oregoneistan. Hope our judge finds all of measure 114 unconstitutional.
the title and the number are constitutional, the contents not so much
Why not file a class action on behalf of the citizens that have been injured by these rulings?
100%
The settlement would total in the Trillions.
Paid for by the very people suing.
Qualified Immunity, plus any possible monetary award would be paid by the tax payers. who are already being stiffed by their wasted tax $$$.
Communist New Jersey and New York are already writing laws to circumvent this ruling.
Let’s not break out the champagne just yet. The state is going to appeal this to the Ninth Circus, who will likely stay judge Benitez’s opinion and it will go to SCOTUS.
Who just might decide to do absolutely nothing.
they might “send it back down to the district” again.
I could see them doing that with a strict follow what Benitez said to the ninth.
PLEASE!! Somebody tell me why we have to obey men and women who have shown us that they are blatant criminals!! There’s my statement of facts, now, if I am wrong in any way, someone who thinks that I am wrong should step up with some actual proof that I am wrong! I’ll take on ALL comers!
What about us 2nd Amendment Foundation members in Illinois?! Pritzker’s assault weapons ban is the worse in the nation. He’s banned 168 firearms and all mags holding more than 15 rounds. Furthermore, we must register all our firearms that meet his definition of an assault weapons, which literally encompasses all semi-automatic weapons. And on top of that we have to be the one to populate the state police registration data base and, if that isn’t enough, we pay a registration fee for each firearm registered by December 31, 2023. Unless the Supreme Court steps in and rules that this law… Read more »