California Overturns Assault Weapons Ban (At Least on Paper)

A federal judge struck down California's assault weapons ban. Why the practical effect is far from settled.

Last Friday, U.S. District Judge Roger Benitez overturned California's 32-year-old ban on assault weapons, calling the ban unconstitutional.

Judge Benitez called the AR-15 a Swiss Army knife "good for both home and battle." In making the controversial ruling, he argued that the public interest of reducing mass shootings does not outweigh the Second Amendment constitutional rights of the people. His reasoning was that "we're not getting any reduction in mass shootings and it's imposing quite a severe burden on innocent people, like people who want to have these types of firearms for protection in the home."

So, does this mean you can go get your assault AR or assault AK this week in the valley (at an extraordinarily high markup, most likely) without having to worry about it being featureless?

Not even close.

The permanent injunction issued by Judge Benitez was stayed for 30 days, giving the state a chance to appeal. And the state will appeal, 100%. Moreover, knowing the 9th Circuit Court of Appeals, which will hear the case, there is a very good chance it will be reversed. The 9th Circuit is known for its liberal predisposition.

To sum things up: on paper, California has overturned the assault weapons ban, but whether or not the ban becomes practical and enforced, you will have to stay tuned for current updates on the blog in the coming months.