Firearms Policy Coalition
BREAKING: FPC Wins “Assault Weapon” Lawsuit in Historic Victory for Second Amendment Rights
FRIDAY, JUNE 04, 2021 POSTED BY FIREARMS POLICY COALITION
GET UPDATES AND ALERTS VIA EMAIL
(WE NEVER SPAM OR SHARE YOUR INFO)
Email
Email address
Home News
SAN DIEGO, CA (June 4, 2021) — Today, Firearms Policy Coalition (FPC) announced that Judge Roger T. Benitez of the Southern District of California has issued an opinion in Miller v. Bonta (previously Miller v. Becerra), holding that California’s tyrannical ban on so-called “assault weapons” is unconstitutional under the Second Amendment. The opinion, along with other filings in this case, can be viewed at AssaultWeaponLawsuit.com.
In 2019, FPC developed and filed Miller v. Becerra, a federal Second Amendment challenge to California’s Assault Weapons Control Act (AWCA) ban on common semiautomatic arms with certain characteristics, including those with ammunition magazines that can hold more than 10 rounds. Throughout the lawsuit, FPC argued that the State’s ban prohibits arms that are constitutionally protected, no more lethal than other certain arms that are not banned, and commonly possessed and used for lawful purposes in the vast majority of the United States.
In the opinion, the Court ruled that many categories of firearms California bans as so-called “assault weapons” are protected by the Second Amendment, and that “[t]he Second Amendment stands as a shield from government imposition of that policy.” It went on to order an injunction against “Defendant Attorney General Rob Bonta, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know of the existence of this injunction order,” preventing them “from implementing or enforcing” the following:
California Penal Code §§ 30515(a)(1) through (8) (defining an “assault weapon” by prohibited features);
§ 30800 (deeming those “assault weapons” a public nuisance);
§ 30915 (regulating those “assault weapons” obtained by bequest or inheritance);
§ 30925 (restricting importation of those “assault weapons” by new residents);
§ 30945 (restricting use of those registered “assault weapons”) ;
§30950 (prohibiting possession of those “assault weapons” by minors); and,
the penalty provisions §§ 30600, 30605 and 30800 as applied to “assault weapons” defined in Code §§ 30515(a)(1) through (8).
“In his order today, Judge Benitez held what millions of Americans already know to be true: Bans on so-called ‘assault weapons’ are unconstitutional and cannot stand,” said FPC President Brandon Combs. “This historic victory for individual liberty is just the beginning, and FPC will continue to aggressively challenge these laws throughout the United States. We look forward to continuing this challenge at the Ninth Circuit and, should it be necessary, the Supreme Court.”
“We are delighted with Judge Benitez’s careful consideration of the law and facts in this case,” commented Adam Kraut, FPC’s Senior Director of Legal Operations. “The State’s ban on these common semi-automatic firearms with common characteristics flies in the face of the Constitution, Supreme Court precedent, and the natural right to keep and bear arms.”
“At trial, we presented dispositive evidence that the term ‘assault weapon’ has always been an arbitrary label used by anti-gun governments to ban constitutionally protected firearms,” explained FPC attorney George Lee. “In the end, the State’s rationale for banning these firearms simply could not hold up. This win is a watershed moment for civil rights, and will restore liberty to countless Californians that have been subjected to gross tyranny for years.”
“While this victory is most certainly a valuable one, it’s also important to understand how impactful this decision will be in restoring Second Amendment rights not only in California, but across the entire country,” noted FPC Attorney John Dillon. “This landmark trial Iwin points the way to victory everywhere these unconstitutional bans exist.”
www.firearmspolicy.org
California will almost certainly contest this, but if it happens it would become active July 4th.
BREAKING: FPC Wins “Assault Weapon” Lawsuit in Historic Victory for Second Amendment Rights
FRIDAY, JUNE 04, 2021 POSTED BY FIREARMS POLICY COALITION
GET UPDATES AND ALERTS VIA EMAIL
(WE NEVER SPAM OR SHARE YOUR INFO)
Email address
Home News
SAN DIEGO, CA (June 4, 2021) — Today, Firearms Policy Coalition (FPC) announced that Judge Roger T. Benitez of the Southern District of California has issued an opinion in Miller v. Bonta (previously Miller v. Becerra), holding that California’s tyrannical ban on so-called “assault weapons” is unconstitutional under the Second Amendment. The opinion, along with other filings in this case, can be viewed at AssaultWeaponLawsuit.com.
In 2019, FPC developed and filed Miller v. Becerra, a federal Second Amendment challenge to California’s Assault Weapons Control Act (AWCA) ban on common semiautomatic arms with certain characteristics, including those with ammunition magazines that can hold more than 10 rounds. Throughout the lawsuit, FPC argued that the State’s ban prohibits arms that are constitutionally protected, no more lethal than other certain arms that are not banned, and commonly possessed and used for lawful purposes in the vast majority of the United States.
In the opinion, the Court ruled that many categories of firearms California bans as so-called “assault weapons” are protected by the Second Amendment, and that “[t]he Second Amendment stands as a shield from government imposition of that policy.” It went on to order an injunction against “Defendant Attorney General Rob Bonta, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know of the existence of this injunction order,” preventing them “from implementing or enforcing” the following:
California Penal Code §§ 30515(a)(1) through (8) (defining an “assault weapon” by prohibited features);
§ 30800 (deeming those “assault weapons” a public nuisance);
§ 30915 (regulating those “assault weapons” obtained by bequest or inheritance);
§ 30925 (restricting importation of those “assault weapons” by new residents);
§ 30945 (restricting use of those registered “assault weapons”) ;
§30950 (prohibiting possession of those “assault weapons” by minors); and,
the penalty provisions §§ 30600, 30605 and 30800 as applied to “assault weapons” defined in Code §§ 30515(a)(1) through (8).
“In his order today, Judge Benitez held what millions of Americans already know to be true: Bans on so-called ‘assault weapons’ are unconstitutional and cannot stand,” said FPC President Brandon Combs. “This historic victory for individual liberty is just the beginning, and FPC will continue to aggressively challenge these laws throughout the United States. We look forward to continuing this challenge at the Ninth Circuit and, should it be necessary, the Supreme Court.”
“We are delighted with Judge Benitez’s careful consideration of the law and facts in this case,” commented Adam Kraut, FPC’s Senior Director of Legal Operations. “The State’s ban on these common semi-automatic firearms with common characteristics flies in the face of the Constitution, Supreme Court precedent, and the natural right to keep and bear arms.”
“At trial, we presented dispositive evidence that the term ‘assault weapon’ has always been an arbitrary label used by anti-gun governments to ban constitutionally protected firearms,” explained FPC attorney George Lee. “In the end, the State’s rationale for banning these firearms simply could not hold up. This win is a watershed moment for civil rights, and will restore liberty to countless Californians that have been subjected to gross tyranny for years.”
“While this victory is most certainly a valuable one, it’s also important to understand how impactful this decision will be in restoring Second Amendment rights not only in California, but across the entire country,” noted FPC Attorney John Dillon. “This landmark trial Iwin points the way to victory everywhere these unconstitutional bans exist.”
BREAKING: FPC Wins “Assault Weapon” Lawsuit in Historic Victory for Second Amendment Rights
Today, Firearms Policy Coalition (FPC) announced that Judge Roger T. Benitez of the Southern District of California has issued an opinion in Miller v. Bonta (previously Miller v. Becerra), holding that California’s tyrannical ban on so-called “assault weapons” is unconstitutional under the...
www.firearmspolicy.org California will almost certainly contest this, but if it happens it would become active July 4th.
