California lawyer common appeals judge’s ruling overturning assault weapons ban

Bonta also urged The 9th U.S. Circuit Courtroom of Appeals to maintain the ban in…

Bonta also urged The 9th U.S. Circuit Courtroom of Appeals to maintain the ban in result as it considers the scenario.

The language Benitez used in putting down a gun handle legislation crafted in response to a 1989 taking pictures at a Stockton elementary university drew widespread condemnation.


In this Dec. 3, 2015, file photo, police crime shots of assault rifles and handguns are shown throughout a news conference near the site of a mass shooting in San Bernardino, Calif. A partner and wife on Dec. 2, 2015, dressed for battle and carrying assault rifles and handguns, opened fireplace on a holiday banquet for his co-workers, killing at least 14 persons and very seriously wounding more than a dozen other individuals in a precision assault, authorities explained.

Credit history: Chris Carlson

Credit rating: Chris Carlson

“It displays a definitely flippant disregard for how dangerous these weapons are and also how harmful his vision for the 2nd Amendment will be,” explained Ari Freilich, California plan director for the Giffords Regulation Heart to Stop Gun Violence.

It is not the initial time that Benitez produced headlines with fiery language in an belief striking down a California gun regulate legislation. He’s effectively-acknowledged for siding with gun rights advocates and for writing viewpoints with unforgettable phrases, this kind of as creating that, in California, “the Second Amendment gets even fewer respect” than Rodney Dangerfield.

Born in Havana, Cuba, in 1950, Benitez was appointed to the U.S. District Courtroom for the Southern District of California by President George W. Bush in 2003. Prior to currently being a federal decide, Benitez served as a choose in the Remarkable Court of Imperial County.

In the spring of 2019, though striking down California’s ban on significant-capability firearm publications, Benitez wrote that the Next Amendment was drafted by “colonists who cherished unique flexibility more than the subservient stability of a British ruler.”

The 9th Circuit Court of Appeals afterwards upheld Benitez’s determination.

In the spring of 2020, Benitez issued an injunction towards California’s ammunition background check, creating in his impression that “the experiment has been tried. The casualties have been counted. California’s new ammunition qualifications examine legislation misfires and the 2nd Modification legal rights of California citizens have been gravely wounded,” in accordance to The San Diego Union-Tribune.

In his most current feeling on a California gun law, Benitez wrote that the ban on assault weapons is misnamed, meaning he believes the AR-15 is not a military services-model rifle.

“This is an common situation about regular guns utilized in common methods for regular purposes,” Benitez wrote.

He additional wrote that assault weapons “could just as effectively be known as ‘home defense rifles’ or ‘anti-criminal offense guns.’”

On the other hand, he wrote that “modern rifles” performed critical roles in overthrowing governments, citing the armed revolt Fidel Castro led in Cuba, Vietnamese innovative Ho Chi Minh and far more modern combating by the Taliban and and Iraqi insurgents in U.S.-led wars.

This Dec. 27, 2012, file photo shows some of the weapons collected in a Los Angeles Gun Buyback event displayed during a news conference at the LAPD headquarters in Los Angeles.

This Dec. 27, 2012, file photograph shows some of the weapons collected in a Los Angeles Gun Buyback occasion displayed all through a news conference at the LAPD headquarters in Los Angeles.

Credit history: Damian Dovarganes

Credit history: Damian Dovarganes

“It has been argued that citizens with almost nothing a lot more than fashionable rifles will have no prospect towards an army with tanks and missiles. … Citizen militias are not irrelevant,” he wrote.

Benitez even more wrote that “modern rifles” are incredibly common, with additional of them in circulation than there are Ford F-150 pickups.

“After handguns, modern day rifles are most likely the most well known firearms in America. They are quietly owned by tens of millions of legislation-abiding citizens for lawful purposes ranging from house defense to sporting competitions. However, California has banned, and carries on to ban, these well-liked rifles,” Benitez wrote.

Benitez claimed that despite a ban on assault weapons, California ongoing to see mass shootings.

“The assault weapon ban has experienced no influence. California’s experiment is a failure,” he wrote.

Benitez wrote of many scenarios in which folks defended them selves from property invaders with the use of an assault weapon, then as opposed that to the number of periods an assault weapon has been utilized in mass shootings.

“It begs the problem, are the lives of residence invasion victims truly worth a lot less than the lives of mass taking pictures victims?” Benitez wrote.

ArLuther Lee contributed to this report for The Atlanta Journal-Structure.