US gun control suffers setback as California assault weapon ban is overturned

The state has 30 days to appeal against the decision which Governor Gavin Newson called 'a direct threat to public safety'

• 

  Attendees sign up at the National Rifle Association (NRA) booth at the Conservative Political Action Conference (CPAC) annual meeting at National Harbor in Oxon Hill, Maryland, U.S. Reuters

• 

  The Martin B. Retting gun shop in Culver City, California. AFP

• 

  Guests shop for firearms and accessories at the 148th NRA Annual Meetings & Exhibits in Indianapolis, Indiana. AFP

• 

  Remington firearms sit on a rack at the National Rifle Association's (NRA) annual meeting, in Indianapolis, Indiana, U.S., April 28, 2019. Reuters

• 

  Black Lives Matter activists and community members talk with a man in a Make America Great Again hat who had been driving a truck with pro Second Amendment signage on it at the Robert E. Lee monument, while earlier others rallied with guns outside of the Virginia State Capitol, on Lobby Day, a day traditionally set aside for the public to lobby lawmakers, in Richmond, Virginia, U.S. Reuters

• 

  Tom Cai shows off a long gun at Jimmy's Sport Shop in Mineola, New York. AFP

• 

  Stickers reading "Guns save lives" are put on a food drive sign as armed people stand on a corner near the Virginia State Capitol while a caravan of cars drives by in support of second amendment rights, in Richmond, Virginia, U.S. Reuters

A federal judge on Friday overturned California’s three-decade-old ban on assault weapons, ruling that it violates the constitutional right to bear arms.

US District Judge Roger Benitez of San Diego ruled that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the US Supreme Court.

“Under no level of heightened scrutiny can the law survive,” Mr Benitez said. He issued a permanent injunction against enforcement of the law but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal.

Governor Gavin Newsom condemned the decision, calling it “a direct threat to public safety and the lives of innocent Californians, period.”

In his 94-page ruling, the judge spoke favorably of modern weapons, said they were overwhelmingly used for legal reasons.

“Like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defence weapon and homeland defense equipment. Good for both home and battle,” the judge said in his ruling’s introduction.

That comparison “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,” Mr Newsom said in a statement. “We’re not backing down from this fight, and we’ll continue pushing for common sense gun laws that will save lives.”

Mr Bonta called the ruling flawed and said it will be appealed.

California first restricted assault weapons in 1989, with multiple updates to the law since then.

Assault weapons as defined by the law are more dangerous than other firearms and are disproportionately used in crimes, mass shootings and against law enforcement, with more resulting casualties, the state attorney general’s office argued, and barring them “furthers the state’s important public safety interests.”

Further, a surge in sales of more than 1.16 million other types of pistols, rifles and shotguns in the last year – more than a third of them to likely first-time buyers – show that the assault weapons ban “has not prevented law-abiding citizens in the state from acquiring a range of firearms for lawful purposes, including self-defence,” the state contended in a court filing in March.

Similar assault weapon restrictions have previously been upheld by six other federal district and appeals courts, the state argued. Overturning the ban would allow not only assault rifles, but things like assault shotguns and assault pistols, state officials said.

But Mr Benitez disagreed.

“This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection. The banned ‘assault weapons’ are not bazookas, howitzers, or machine guns. Those arms are dangerous and solely useful for military purposes,” his ruling said.

Despite California’s ban, there currently are an estimated 185,569 assault weapons registered with the state, the judge said.

“This is an average case about average guns used in average ways for average purposes,” the ruling said. “One is to be forgiven if one is persuaded by news media and others that the nation is awash with murderous AR-15 assault rifles. The facts, however, do not support this hyperbole, and facts matter.”

“In California, murder by knife occurs seven times more often than murder by rifle,” he added.

In a preliminary ruling in September, Mr Benitez said California’s complicated legal definition of assault weapons can ensnare otherwise law-abiding gun owners with criminal penalties that among other things can strip them of their Second Amendment right to own firearms.

“The burden on the core Second Amendment right, if any, is minimal,” the state argued, because the weapons can still be used – just not with the modifications that turn them into assault weapons. Modifications like a shorter barrel or collapsible stock make them more concealable, state officials said, while things like a pistol grip or thumbhole grip make them more lethal by improving their accuracy as they are fired rapidly.

The lawsuit filed by the San Diego County Gun Owners Political Action Committee, California Gun Rights Foundation, Second Amendment Foundation and Firearms Policy Coalition is among several by gun advocacy groups challenging California’s firearms laws, which are among the strictest in the nation.

The lawsuit filed in August 2019 followed a series of deadly mass shootings nationwide involving military-style rifles.

Women cry as they attend a vigil for the victims of a shooting in San Jose, California, on May 27, 2021. AFP

It was filed on behalf of gun owners who want to use high-capacity magazines in their legal rifles or pistols, but said they can’t because doing so would turn them into illegal assault weapons under California law. Unlike military weapons, the semi-automatic rifles fire one bullet each time the trigger is pulled, and the plaintiffs say they are legal in 41 states.

The lawsuit said California is “one of only a small handful states to ban many of the most popular semiautomatic firearms in the nation because they possess one or more common characteristics, such as pistol grips and threaded barrels,” frequently but not exclusively along with detachable ammunition magazines.

The state is appealing Mr Benitez’s 2017 ruling against the state’s nearly two-decade-old ban on the sales and purchases of magazines holding more than 10 bullets.

That decision triggered a weeklong buying spree before the judge halted sales during the appeal. It was upheld in August by a three-judge appellate panel, but the 9th US Circuit Court of Appeals said in March that an 11-member panel will rehear the case.

The state also is appealing Mr Benitez’s decision in April 2020 blocking a 2019 California law requiring background checks for anyone buying ammunition.

Both of those measures were championed by Mr Newsom when he was lieutenant governor, and they were backed by voters in a 2016 ballot measure.