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USA: Federal judge overturns California gunfire ban - Walla! News

2021-06-05T16:48:04.154Z


The judge ruled that the ban violated the right to bear arms under the Second Amendment to the Constitution, and repealed it about three decades after the state enacted initial restrictions on the subject. California legal counsel was given 30 days to appeal the decision, which the governor called a "direct threat to public safety and the lives of residents."


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USA: A federal judge overturned the ban on assault rifles in California

The judge ruled that the ban violated the right to bear arms under the Second Amendment to the Constitution, and repealed it about three decades after the state enacted initial restrictions on the subject.

California legal counsel was given 30 days to appeal the decision, which the governor called a "direct threat to public safety and the lives of residents."

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  • United States

  • Guns

  • The Second Amendment to the American Constitution

  • California

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Saturday, 05 June 2021, 09:53

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The judge ruled that the prohibition violates the right to bear arms under the Second Amendment to the Constitution. Queue at an arms store in Burbank, California, this week (Photo: AP)

A federal judge last night (Saturday) overturned the ban on assault rifles in the state of California in the United States, more than three decades after the state's first restrictions on the subject. San Diego District Judge Roger Benitez ruled that the ban violates the constitutional right to bear arms, under the Second Amendment to the United States Constitution. California Gov. Gavin Newsum condemned the decision, calling it a "direct threat to public safety and the lives of innocent California residents, period."



The judge issued an immediate order against the law enforcement, but suspended it and announced that the state's attorney general would be given 30 days to appeal the decision. Attorney General Rob Bonte called the ruling "flawed" and said an appeal would be filed.



In his ruling, the judge ruled that the way the state defines military-style guns as illegal deprives California citizens of the weapons allowed by law in most other states and under the United States Supreme Court. "At no level of increased oversight - the law can not survive"Said Benitez.

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Condemned the ruling sharply.

California Gov. Gavin Newsom, this week (Photo: AP)

The judge expressed support for modern weapons in the ruling, saying that their use was mostly done legally.

"Like the Swiss Army knife, the AR-15 rifle is a perfect combination of weapons for self-defense and as equipment for the defense of the homeland. Good for both home and battle," the judge said in the preface to the ruling.



Governor Newsum responded to this comparison by saying that it "completely undermines the credibility of the decision, and is a slap in the face to families who have lost loved ones to this weapon."

He added in his statement that "we will not back down from this fight, and we will continue to push for sensible gun laws that will save lives."



The lawsuit was originally filed in August 2019 by organizations and foundations that support carrying weapons and the Second Amendment, and was filed on behalf of gun owners who want to use cartridges that can hold a larger amount of bullets, but under existing California law such an action would make their weapons illegal assault rifles.

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California first restricted assault rifles in 1989, and since then a number of updates to the law have been made.

According to the attorney general's office, assault rifles are defined by law as more dangerous than other weapons, and the percentage of their use during crime, mass shootings and against law enforcement is disproportionately high, leading to more casualties.

According to the ministry, the ban on assault rifles "promotes the vital interests of the country's public safety."



The judge wrote in his ruling that despite the existing ban in California, it is estimated that there are over 185,000 registered assault rifles in the state.

"In California, stabbing is seven times more common than shootings," he added.

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Source: walla

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