Following a ruling by a US federal judge declaring its ban unconstitutional, California citizens could be free to buy assault weapons. The authorities will appeal. This type of weapon has been prohibited for 32 years in this State, and the law is constantly updated, since it was approved, to maintain control over weapons.
A 94-page sentence lays out federal judge Roger Benítez of the San Diego District Court’s legal reasons for carrying rifles again. This situation has opened a debate among the Californian authorities.
The most controversial use is that of the AR-15 rifle, a weapon of war, which Judge Benítez called a “perfect combination” for national defense and compared it to the effectiveness of a “Swiss army knife”.
“The Government is not free to impose its own new policy options on US citizens regarding constitutional rights. These statutes are found to unconstitutionally violate the Second Amendment rights of the citizens of California,” the judge said in the order.
Precisely, the Second Amendment to the United States Constitution guarantees citizens the right to bear arms.
State Governor Gavin Newsom and prosecutor Rob Bonta rejected the lifting of the ban on acquiring weapons immediately, criticizing that the comparison between the Swiss army knife and the rifle: “completely undermines the credibility of this decision and is a slap in the face. to families who have lost loved ones to AR-15, “Newson said.
The Governor added: “We are not going to back down from this fight, and we will continue to push for common sense gun laws that will save lives.”
Under pressure from the authorities, the federal judge stated that, for now, the ruling is suspended for 30 days after the prosecutor Bonta requested it. This time will allow Bonta to fulfill its purpose, which is to appeal the measure.
“Today’s decision is fundamentally flawed and we will appeal it,” the prosecutor said in a statement. “
Years of appeal to Benítez’s rulings
The state is appealing two other Benítez rulings. One in 2017 against the nearly two-decade state ban on selling and buying magazines with more than 10 bullets. And another introduced in 2020, which blocks a 2019 California law and requires a background check for anyone buying ammunition.
Contrary to his current stance, both measures were championed by Newsom, at the time, when he was lieutenant governor, and were endorsed by voters in a 2016 ballot measure.
Overturning CA’s assault weapon ban and comparing an AR-15 to a SWISS ARMY KNIFE is a disgusting slap in the face to those who have lost loved ones to gun violence.
This is a direct threat to public safety and innocent Californians. We won’t stand for it. https://t.co/feL5BABTXa
– Gavin Newsom (@GavinNewsom) June 5, 2021
In California, the ban on the sale of arms dates back to 1989. And a group of gun owners made a first challenge 10 years, and sued the prosecutor to repeal the measure.
According to the Giffords Law Center, a gun control group, in the United States only seven US states, including California and the District of Columbia, have enacted laws prohibiting assault weapons. However, upon coming to power, US President Joe Biden assured that he will insist on Congress to take more aggressive measures on the issue.
According to data provided by the FBI in 2019, the most common weapons used for murders in the country were: the pistol with 6,368 victims, the knives or sharp instruments used for 1,476 murders, the rifles that left 364 victims and the “guns of fire, undeclared type “also killed 3,281 people.
The American nation has experienced a significant number of deadly mass shootings in schools and public places in recent decades, and yet gun control is not a priority for politicians.
With Reuters and AP