Federal appeals court puts a hold on decision to overturn CA assault weapons ban
A federal appeals court blocked a federal judge’s decision to overturn California’s three-decade-old ban on assault weapons.
A three-judge panel of the U.S. 9th Circuit Court of Appeals issued a stay of the original decision by U.S. District Judge Roger Benitez of San Diego. On June 4, Benitez ruled that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states.
“Like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment,” Benitez wrote on his decision.
Governor Gavin Newsom criticized the ruling and in particular, Benitez's line comparing an AR-15 to a Swiss Army Knife.
"I grew up with deep respect for the judicial process and the importance of a judge’s ability to make impartial fact-based rulings, but the fact that this judge compared the AR-15 – a weapon of war that’s used on the battlefield – to a Swiss Army Knife completely undermines the credibility of this decision and is a slap in the face to the families who’ve lost loved ones to this weapon," Newsom wrote shortly after the decision.
California first restricted assault weapons in 1989, with multiple updates to the law since then.
Attorney General Rob Bonta argued that assault weapons as defined by the law are more dangerous than other firearms and are disproportionately used in crimes and mass shootings. But Benitez said the guns are overwhelmingly owned for legal purposes.
Benitez gave the state 30 days to challenge his decision. Bonta filed an appeal June 10, which the U.S. 9th Circuit Court of Appeals heard on Monday. The court's decision to block the ruling for now means that the ban remains in place while proceedings continue.
#BREAKING: The 9th Circuit granted our motion to stay the district court’s ruling in Miller v. Bonta.
— Rob Bonta (@AGRobBonta) June 21, 2021
This leaves our assault weapons laws in effect while appellate proceedings continue.
We won't stop defending these life-saving laws.https://t.co/L8F8zpLuhv pic.twitter.com/udtszNfOis
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