U.S. District Judge Roger Benitez previously ruled that state's assault weapons ban was unconstitutional; he made same ruling Thursday after rehearing the case
A federal judge in San Diego who has repeatedly struck down multiple California firearms laws issued a new ruling Thursday that again declared the state's ban on assault weapons unconstitutional. U.S. District Judge Roger Benitez, who previously made an identical ruling in the same case, issued a 10-day stay of his decision, which will give Attorney General Rob Bonta time to appeal the judge's ruling to the 9th U.S. Circuit Court of Appeals.
'Like the Bowie Knife which was commonly carried by citizens and soldiers in the 1800s, 'assault weapons' are dangerous, but useful,' Benitez wrote in the first line of his decision. 'But unlike the Bowie Knife, the United States Supreme Court has said, 'here is a long tradition of widespread lawful gun ownership by private individuals in this country.'' The judge's reference to tradition is important.
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