A federal judge on Thursday declared a California law banning assault weapons unconstitutional, saying the prohibition enacted in 1989 against semi-automatic weapons could not stand under a Supreme Court ruling last year that expanded gun rights.
San Diego-based U.S. District Judge Roger Benitez ruled in a challenge to the law brought by gun rights groups and others that it deprived law-abiding people of semiautomatic firearms like the AR-15 in violation of the U.S. Constitution's Second Amendment right to "keep and bear arms."
Benitez in his decision wrote that there were "no founding era dead ringers or historical twins" for California's assault weapons ban, and that the state could point to no historical laws before it adopted its ban that restricted rifles as they advanced technologically. The legal challenge was brought by several California residents who wanted to own firearms like the AR-15 as well as by gun rights groups including the Firearms Policy Coalition, the California Gun Rights Foundation and the Second Amendment Foundation.
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