Home https://server7.kproxy.com/servlet/redirect.srv/sruj/smyrwpoii/p2/ US https://server7.kproxy.com/servlet/redirect.srv/sruj/smyrwpoii/p2/ California is appealing the judge’s decision that overturned the state’s ban on offensive weapons

California is appealing the judge’s decision that overturned the state’s ban on offensive weapons

U.S. District Judge Roger Benitez on Friday blocked California from enforcing its ban, saying it violates the right to second amendment to bear arms and deprives Californians of owning assault-style weapons commonly allowed in other states. He admitted a 30-day stay on the injunction.
At a press conference on Thursday, where an appeal was announced, Bonta, a Democrat, called the judge’s view “disturbing and worrying and very worrying.”

“We can not be, and we are not deterred by this decision,” he said.

Bonta said his office will ask the appellate court to adjourn the district court̵

7;s decision, which will extend the stay by 30 days and leave the laws in place during the appeal process.

In its ruling, Benitez compared the AR-15 to a Swiss Army knife, arguing that both are a “perfect combination of home defense weapons and home defense equipment.” His comparison drew criticism from California Democrats and gun safety activists, while gun advocates celebrated the decision, saying they would continue their challenge at the Ninth Circuit – and the Supreme Court if necessary.

Bonta, Democratic Gavin Newsom and others who spoke at Thursday’s press conference slammed Benitez as an ideologue, claiming his decision was a legal outlier.

“It’s insulting to read his decision, in which he called the kind of weapon that killed my son like a pocket knife,” said Mattie Scott, who heads the Brady Center’s chapter in California and lost his son to firearms in 1996. “Pocket knives were not invented to kill as many people as possible. Pocket knives do not tear families apart. “

Robyn Thomas, CEO of Giffords Law Center, said they expect the Ninth Circuit will reverse Benitez’s decision, but also predict that gun lobbyists will continue to try to get similar cases before Benitez moves them up through the federal system.

The judge’s decision came in Miller vs. Bonta, a 2019 lawsuit from California residents, the San Diego County Gun Owners PAC and other gun rights advocacy groups.

California became the first state to ban the sale of semi-automatic cannons in 1989 after a shooting at an elementary school in Stockton that left five children dead.

Six other states and Washington, DC, have banned certain semi-automatic firearms.

In recent years, the U.S. Supreme Court has refused to take up challenges to several states’ arms bans on offensive style, including Connecticut, Massachusetts and Illinois, leaving lower judicial enforcement of those laws in place. However, gun rights advocates see new opportunities for legal challenges with the recent addition of Justice Amy Coney Barrett, giving the district court a 6-3 conservative tilt.
In April, the Conservative majority bench decided to review a case involving a New York law that restricts a person from carrying a concealed handgun in public in what will be the court’s first major decision on gun rights in a decade.

This story has been updated with additional reaction and background information.

CNN’s Alexandra Meeks, Josh Campbell and Eric Levenson contributed to this report.

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