The decision will be appealed of course. Will it go to the USSC?

US judge overturns California’s ban on assault weapons (nypost.com)

Note: OK I missed the previous post on this. Might as well comment in the original.

Edited June 5, 20215 yr by 45Doll
Note added.

https://www.marketwatch.com/story/federal-judge-in-san-diego-overturns-32-year-old-california-ban-on-assault-weapons-01623070652?siteid=yhoof2

"Judge likens ‘the popular AR-15 rifle’ to the Swiss Army knife"

And the liberals go nuts:  https://www.yahoo.com/news/op-ed-nutty-court-ruling-235445969.html

Perhaps I am getting way too jaded, but this is how I see it playing out...

1. CA AG appeals it to the 9th Circuit. A 3 judge panel concurs with Benito's ruling. This will take over a year and the ruling will be stayed throughout.
2. The CA AG then asks the 9th Circuit to hear it en banc. 9th Circuit agrees and reverses. This will also take another year at least and all the while the statute stands.
3. Finally the case is appealed to SCOTUS who may or may not hear it.

Delay, delay, delay. This is why politicians get away with writing unconstitutional statutes. It takes forever to get them thrown out.

I reckon they would stop if they faced treason charges each time they push plainly unconstitutional statutes on the public.

 

I like how the same politicians that pass laws that are unconstitutional laws are the same ones that want to end qualified immunity for the police. We should be able to sue them for damages caused by the unconstitutional laws they author and pass.

6 hours ago, Mr.Stu said:

I reckon they would stop if they faced treason charges each time they push plainly unconstitutional statutes on the public

Or if they stopped getting voted in. But we know that's not going to happen.

https://www.yahoo.com/news/overturning-california-assault-weapons-ban-100017270.html

Nationally, though, handguns are used in the majority of gun murders, with rifles listed as the murder weapon in fewer than 4% of murders from 2010 to 2014, according to FBI data.

“While bans on military-style weapons are very popular in the gun safety movement, these guns are popular firearms, they’re not used relatively often to commit crimes, and most of the crimes committed with these weapons could and would be easily committed with handguns or other substitutes,” Winkler says.

Overturning California's assault weapon ban was wrong. But it may be on solid legal ground (yahoo.com)

12 hours ago, CMJeepster said:

Overturning California's assault weapon ban was wrong. But it may be on solid legal ground (yahoo.com)

60% of that article is hyperbolic BS.  

10 hours ago, voyager9 said:

60% of that article is hyperbolic BS.  

As is 60% or more of most "journalism" out there these days.  Hilarious, eh?

Letters to the Editor: Judge Benitez's comparison of an AR-15 to a Swiss Army knife was on target (yahoo.com)

12 hours ago, CMJeepster said:

Letters to the Editor: Judge Benitez's comparison of an AR-15 to a Swiss Army knife was on target (yahoo.com)

The other two letters are trash. 

13 hours ago, voyager9 said:

The other two letters are trash. 

"Journalism."  

Court blocks judge's decision to overturn California's assault weapons ban (yahoo.com)

13 minutes ago, CMJeepster said:

Court blocks judge's decision to overturn California's assault weapons ban (yahoo.com)

Title slightly misleading.  The auspicious 9th put a stay on the ruling pending outcome of another case, one which itself is held pending the outcome of Duncan v Beccera (mag ban) that has oral arguments today.

So now the AWB case is stacked in waiting on two other cases to be determined before being taken up by the 9th.  

The stay will likely be appealed by plaintiffs but I'd imagine that would be unsuccessful.