California’s “Assault Weapon” Ban Ruled Unconstitutional: What Does Miller really mean for gun...

Sane people knew this was unconstitutional.

Finally a judge standing up for the rights of Californians.

SGT (Join to see)
United States District Court Judge Roger Benitez meant it when he took his oath to uphold the Constitution as he was sworn in as a federal judge in 2004. Indeed, in recent years, he delivered bold and comprehensive pro-Second Amendment decisions in CRPA-supported cases Duncan (challenge to magazine capacity limits)and Rhode (challenge to ammunition sales bans and background checks). And, on June 4, 2021, he issued a 94-page opinion in Miller v. Bonta that vigorously scrutinized the “evidence” the state offered in support of California’s “assault weapon” ban, found it woefully inadequate, and declared California’s laws banning common “assault weapons” (like the AR-15) unconstitutional. The arguments Judge Benitez addressed in Miller are the same arguments that CRPA made in Rupp v. Becerra—a challenge to California’s “assault weapon” ban already on appeal to the Ninth Circuit. (Rupp is fully briefed and argued but is stayed at the Ninth Circuit pending resolution of other important Second Amendment cases noted below).