The presumption in favor of rightfully possessing a citizen’s arm was made during the adoption of the Second Amendment. On page 26, he shows it is the government which bears the burden of proof when it attempts to limit a fundamental Constitutional right: Guiding the intermediate scrutiny path are some checkpoints.
Roger benitez trial#
Moving through the trial record here, it becomes clear that AWCA’s assault weapons ban-by-prohibited-features was not designed to address a real harm, and even if it did, does not alleviate the harm in a material way. He shows the California “assault weapon” ban was flawed from the start on pages 24-25.
Over the last three decades, 19,797,000 modern rifles have been manufactured or imported into the United States and the numbers have been steadily increasing. In 2018 alone (the most recent year with data), 1,954,000 modern rifles were manufactured or imported into the United States. Nationally, modern rifles are ubiquitous. Judge Benitez shows how common modern rifles are in the United States on page 15: Miller implies that a weapon that is commonly owned and that is useful for the common defense for a militia member is also protected by the Second Amendment. He shows the clear inclusion and protection of militia weapons by the Second Amendment on page 11:Īlthough the Attorney General sees it differently, the Supreme Court also recognizes that the Second Amendment guarantee includes a right to keep and bear firearms that have “some reasonable relationship to the preservation or efficiency of a well-regulated militia.” Miller, 307 U.S., at 178. Plaintiffs and others refer to them as “modern sporting rifles” although they are clearly useful for more than just sport. They are principally AR-15 type rifles, pistols, and shotguns.
Roger benitez code#
The firearms banned by California Penal Code § 30515 and deemed “assault weapons” are modern weapons. The Second Amendment protects modern weapons. The Judge cites the Caetano decision, where the Supreme Court unanimously held the Second Amendment protects modern weapons on page 10L In contrast, the Attorney General argues that better accuracy makes it a more dangerous weapon. If shooting in self-defense, a home defender wants every round to hit only attackers.
After all, responsible gun-owners worry about the ending point of every round fired.
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The Plaintiffs make the point that this is a better condition for all lawful uses, i.e., a more accurate gun is better for everyone. The mechanical design features that identify a rifle as a California “assault weapon,” it is argued, tend to help a person shoot the rifle more accurately under pressure. He shows how silly it is to ban a rifle for features that make it more accurate on page 8: This is an average case about average guns used in average ways for average purposes. Instead, the firearms deemed “assault weapons” are fairly ordinary, popular, modern rifles. Those arms are dangerous and solely useful for military purposes. The banned “assault weapons” are not bazookas, howitzers, or machine guns. This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection. Judge Benitez demolishes the argument that AR-15 style rifles are “unusual” on page 2: Reading the entire decision is highly recommended. This correspondent will lead the reader through a modest sampling of the decision, so those who do not wish to read the entire decision will not need to do so. This is the opening salvo in a tightly worded and beautifully constructed 94 page decision by Judge Roger T. Having considered the evidence, the Court issues these findings of fact and conclusions of law,1 finds for the Plaintiffs, and enters Judgment accordingly. Plaintiffs challenge a net of interlocking statutes which impose strict criminal restrictions on firearms that fall under California’s complex definition of the ignominious“assault weapon.” Hearings on a preliminary injunction were consolidated with a trial on the merits pursuant to F.R. Therefore, this Court declares the California statutes to be unconstitutional. Yet, the State of California makes it a crime to have an AR-15 type rifle. 570 (2008) and United States v Miller, 307 U.S. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment.
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