“Assault Weapons” Ban is Unconstitutional

Yesterday, June 4, a Federal Judge in California’s Southern District ruled that California’s ban on “assault weapons”, which had been in place for more than 30 years, is unconstitutional under the second amendment. Judge Roger T. Benitez ruled in Miller v. Bonta (previously Miller v. Becerra). Judge Benitez’ opinion in full is here (PDF). This decision is a milestone victory for Constitutionalists and 2A supporters.

2019 Lawsuit Challenged Assault Weapons Ban

The original lawsuit, filed in 2019 under “Miller v. Becerra“, challenged the assault weapons ban on three major points, that the banned firearms 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 US.

“Prohibited Features” Don’t Make an “Assault Weapon”

The lawsuit also challenged the very language of the California code. The term “assault weapons” is now legally ruled to be arbitrary. Also, the rationale for the state of California’s ban on “assault weapons” no longer stands. California had banned firearms with specific “prohibited features”, which include:

• Detachable magazine
• pistol grip that protrudes conspicuously beneath the action of the weapon
• thumbhole stock
• folding or telescoping stock
• grenade launcher or flare launcher
• flash suppressor
• forward pistol grip

From the Judge’s decision, “In the end, the Court finds that the prohibited features do not change an AR-15 rifle from a benign weapon into an “incredibly effective killing machine.” In other words, the Judge properly upheld the 2nd Amendment in letter and in spirit, and clarified a very common understanding within the 2A community: it’s not the gun; it’s the criminal doing the crime.

The Fight Is Not Over

While this decision is a huge 2A victory, bear in mind that this decision is from a lower court, and the California DA immediately promised to appeal the decision. That will take time, but in the meantime, the Judge ruled the ban unconstitutional, and Californian 2A supporters can now purchase and own firearms that the rest of the country, save for NY or Illinois, have been enjoying the last 32 years.

Ultimately, we WANT this case to proceed to the Supreme Court, so that the ruling can be codified into legal precedent, and states like California will at least temporarily cease trying to dilute the Constitution and revoke the 2nd Amendment.