In 1989, California became the first state to ban the sale of assault-style weapons. This landmark decision prompted six other states and Washington, D.C. to take similar actions. California continues to have some of the strictest gun legislation in the country, but a judge’s recent ruling has ignited controversy nationwide. Let’s take a look at how the US District Judge’s decision could impact state and federal firearms laws moving forward.
US District Judge Overturns California’s Assault Weapon Ban
In early June 2021, US District Judge Rodger Benitez blocked California from enforcing its longstanding ban on assault-style weapons. Benitez justified his actions by stating that the ban violates the Second Amendment right to bear arms and unfairly prevents Californians from owning assault weapons—a right that residents in many other states have. The case itself, Miller v Bonta, involved several California residents and numerous gun rights advocacy groups.
Controversy Erupts Over Judge’s Ruling
As Benitez issued his ruling, he commented that assault-style weapons like the AR-15 are much like a Swiss Army knife, as they are a “perfect combination of home defense weapon and homeland defense equipment.” This statement drew swift and sharp criticism from California Democrats and gun safety activists. As of June 10, California has taken legal action against this ruling, as California Attorney General Rob Bonta intends to appeal it. However, gun rights groups, including the Firearms Policy Coalition, back the ruling and affirm their intention of aggressively litigating this case to the Supreme Court.
The Future of California Gun and Firearm Laws
As the California Court begins the appeals process, many wonder how this incident will shape the future of state and national gun laws. The U.S. Supreme Court has veered away from cases involving assault-style weapons in recent years, but this case may prompt the Court to weigh in. For now, however, the current laws remain in place, and law enforcement can still charge individuals with gun-related offenses. If you find yourself in this situation, contact a skilled Los Angeles criminal defense attorney right away to ensure your rights and your future remain protected.
If you are facing gun or firearms charges in Los Angeles County, call Wegman & Levin right away at (818) 980-4000 to schedule a free consultation with a trusted criminal defense attorney.
