California Gun Law Court SHOCK

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Poor Gavin Newsom. He’s had a tough month. He’s been working hard to oppress the people of California, and he keeps having to deal with criticism and obstacles.

For example, when he was visiting with Chinese Communist Party bureaucrats (and, maybe, leaders), which he was (rightly) criticized for, he had the terrible misfortune of tacking a child while playing basketball with them (not kidding about that). He was just trying to be friendly, presumably in a bumbling Bill Clinton or Joe Biden kind of way.

Now, his efforts to disarm protect the people of California has been thwarted again in court because of that inconvenience: the U.S. Constitution. Poor guy. Joseph Mackinnon writes,

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The Roberti-Roos Assault Weapons Control Act of 1989 made it such than any firearm on a list specified in the state’s penal code was considered an “assault weapon.” Such firearms became illegal to purchase, keep for sale, offer for sale, expose for sale, give, lend, manufacture, distribute, or import. Additional prohibitions were built atop this act over time.

Benitez previously struck down the ban in 2021, noting, “Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. … Yet, the State of California makes it a crime to have an AR-15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional.”

State Attorney General Rob Bonta appealed the ruling and petitioned for a stay. The Ninth Circuit subsequently put a hold on Benitez’s ruling. Following the U.S. Supreme Court’s 2022 reaffirmation of Americans’ Second Amendment Rights in New York State Rifle & Pistol Association, Inc. v. Bruen, the Ninth Circuit remanded the case back to the federal district court on Aug. 1, 2022.

This week, Benitez ruled on the remanded case.

Mackinnon continues:

In his conclusion, Benitez wrote, “The State’s attempt to ban these popular firearms creates the extreme policy that a handful of criminals can dictate the conduct and infringe on the freedom of law-abiding citizens. … There is only one policy enshrined in the Bill of Rights. Guns and ammunition in the hands of criminals, tyrants and terrorists are dangerous; guns in the hands of law-abiding responsible citizens are necessary.”

Deeming the ban unconstitutional, he struck it down.

Judge Benitez is a hero. This guy is a one-judge wrecking ball to gun control legislation being passed in California. Why? Because that legislation is unconstitutional.

Newsom knows it’s all unconstitutional, and legislators in California know that, too. They just don’t care.

So, I can’t say that I’m upset that Newsom is having a tough few weeks. With policies like he promotes, I’d love for him to have nothing but setbacks and obstacles.

Because it’s the kind of focus on upholding the Constitution that Judge Benitez shows that we need to see more of from both our legislators and our courts in America.

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8 COMMENTS

  1. I read California’s constitution, in my battle with than, California AG Kamala Harris. She was totally against home schooling, I,a mere parent, not a lawyer, quoted the California constitution to her, that allows home schooling in the state. It took awhile but her office finally said I can Home-school my children. I used that ruling against the county, colleges and cities. They had to allow me to home school. I also looked up California’s gun laws and found that the California constitution says the same as the US constitution. And I knew immediately that most of California’s governors have violated their own constitution repeatedly. Most of California’s gun laws are UN-constitutional.
    Open carry should be legal in California, but you will probably be arrested. Then you will need to have a team of civil rights lawyers to take it to the supreme court. Make sure to line up the lawyers first.

  2. Now if California voters would wise up and get rid of all of these criminals you would see a better state.

  3. Ignorance of OUR law is NO excuse, Impeachment means to “lay charges against a Public Servant”…..being convicted of violating our US Constitution is treason. Statutes at Large 1876 “Any person convicted of committing treason against the American People SHALL hang by the neck until dead” this is the only punishment allowed under the law for committing treason against us.

    WE THE PEOPLE are not subjects of our government- Our elected officials are subjects of ours…..The Sovereigns.
    Our educational system should be teaching the above; instead of focusing on what gender someone else child should be…..

  4. Paradoxically, the Progressives open the border to millions of illegal foreign nationals, release criminals without bond, release indicted, convicted violent criminals, tolerate neighborhood destroying riots, arson of government buildings and vehicles, defund, demonize and persecute members of law enforcement, tolerate – even encourage, justify – criminal activity, and then strive to disarm, in the face of all these threats, the law abiding sector of the population. Laws do nothing to disarm the criminal element they support and defend. These laws reduce on-the-job injury risks for professional criminals.

  5. We hear all the time when criminals’ Constitutional Rights are supposedly violated. At THOSE times, there are terrible consequences for those violators. Why is it not the case for Democrats, who repeatedly violate the rights of law-abiding citizens (when their laws are struck down as unconstitutional, they pass them again and again, causing the law-abiding people to fight them over and over, at high cost of time and money, while meanwhile, the corrupt so-called judicial system keeps the laws being enforced, as “the process” drags on and on) and they NEVER have any accountability held to them?

  6. The cure (since we cannot hang them) is never, not ever vote for anyone who does not uphold the Constitution. Also remember it has pretty reliably Democrats who do not uphold the Constitution.

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