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Assault Weapon State Ban Upheld Until Further Notice from Appeals Court

Posted by Sara Cooper | Oct 30, 2023 | 0 Comments

California's assault weapon ban is upheld until the law passed three decades ago will be decided whether it remains constitutional or not by the court.

In a 2-1 majority, the U.S. Circuit Court of Appeals of the 9th Circuit had decided on Saturday that there will be an administrative protection for the law while the appeals court is still processing the order as oral arguments start in December.

"We must protect our communities from these dangerous weapons. We know that these restrictions work to prevent mass casualty events and save lives," California Attorney General Rob Bonta said in a statement.

Bonta responded with great stress that tough gun laws are more crucial than ever after the most recent mass shooting happened in Maine that resulted in the deaths of 18 people.

According to state law, there is restriction against the manufacture, transportation, sale and possession of some firearms the state deems "assault weapons."

On October 19th, U.S. District Judge Roger Benitez of San Diego made the announcement that California prohibiting sales of semiautomatic weapons violates the Second Amendment.

"The State of California posits that its 'assault weapon' ban, the law challenged here, promotes an important public interest of disarming some mass shooters even though it makes criminals of law-abiding residents who insist on acquiring these firearms for self-defense," Benitez wrote in a 79-page opinion.

This isn't the first time that Judge Benitez has tried to take out the state's ban on assault weapons. According to OPB, “Benitez compared an assault rifle to a Swiss Army knife, describing it as a perfect combination of home defense weapon and homeland defense equipment, back in 2021.” The ruling for this attempt was also appealed by the state attorney general, and it was vacated by the 9th Circuit.  

In 1989, California became the first state in the country to ban military-type assault weapons, while the measure's intention was towards the mass shooting in Stockton that contained the killing of 5 children and 28 other civilians.  

According to OPB, “In 2021, Bonta told NPR's Morning Edition that a big misconception of California's law is that AR-15-style rifles are banned outright in California. Bonta said California residents can lawfully own certain types of AR-15s that are less powerful or without assault-rifle features.”

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