Saturday, June 05, 2021

Surely, It Will Be Appealed

 News is breaking everywhere that a US Federal District Judge has overturned California's assault-weapon ban.

(CNN)In a ruling that compared the AR-15 to a Swiss Army knife, a federal judge overturned California's longtime ban on assault weapons on Friday, ruling it violates the Second Amendment's right to bear arms.

Yes, he did compare the AR platform rifles to the popular Swiss Army Knife, saying that it is a multi-role rifle, suitable for both hoe defense and homeland defense.

I haven't had a chance to plow through the decision to dissect it, but it is online here as a .pdf.  Go read and enjoy.  I do like the opening paragraph.

Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939). Yet, the State of California makes it a crime to have an AR15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional. 

Let Freedom Ring. 


Termite said...

I dug into it. His decision is well researched and well written.

He even stayed his decision for 30 days to give the California AG a chance to appeal to the Ninth Circuit.

Fred said...

All of his decisions have been based in law. This will be overturned though, not by law but by emotion. You know, those eeevil black rifles.

Termite said...

Thanks to Trump, The Ninth Circuit is not an automatic overturn to lower rulings like this.
And if it is overturned, I'd bet a case of beer it winds up at SCOTUS.

FredLewers said...

It could be pivotal to liberty if it does go to the SCOTUS. If it looks like it's heading there expect the court packing scheme to hit high gear.
If the wheels don't come off the bus first.