Thanks to the Supreme Court, cases challenging California's gun laws have been focused more on distant history than the weapons' modern threat.
A fourth 2nd Amendment case before Benitez involves a challenge to California’s ban on billy clubs. Other district court judges are reconsidering a second challenge to the assault weapons ban and a challenge toIn the four cases before him, Benitez ordered the state to identify historical laws analogous and “relevantly similar to” each of the laws being challenged.The court ruled that a California ban on the sale of semiautomatic rifles to adults younger than 21 was unconstitutional.
In response, Benitez ordered the state to file another brief, this time limited to five pages and focused on only the most relevant historic law the state’s lawyers had found. “The burdens are comparably minimal because they restrict only ‘the manner in which persons may exercise their 2nd Amendment rights’ and do not ‘bar firearm possession completely,’ ” the state argued.
They also argued that the state’s repeated references to mass shootings were irrelevant to the discussion, given the high court’s Bruen decision, and that the notion that the nation’s founders couldn’t have conceived of mass shootings as they exist today was “simply history reimagined.” “The banned ‘assault weapons’ are not bazookas, howitzers, or machineguns,” he wrote. “Those arms are dangerous and solely useful for military purposes.”
For example, if Benitez strikes down the assault weapons ban, the state is expected to once again appeal the case to the 9th Circuit. And depending on the decision there, it could be appealed once more to the Supreme Court. Eugene Volokh is a UCLA law professor who teaches about gun regulations. He has done consulting work in the past for the Firearms Policy Coalition, which is one of the plaintiffs suing to overturn the state’s assault weapons ban, but he has not worked for them on that case.
Australia Latest News, Australia Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Naira redesign no more: President’s directive canned by Nigerian supreme courtThe supreme court of Nigeria has ruled that the old naira notes remain in circulation, effectively nullifying the naira redesign previously announced by Nigerian President Muhammadu Buhari.
Read more »
Supreme Court declines to hear Florida prayer vigil disputeSupreme Court declines to consider a case that could have made it harder for people to sue over alleged government endorsement of religion in violation of the Constitution’s First Amendment.
Read more »
U.S. Supreme Court rebuffs Florida city's challenge to atheist lawsuitThe U.S. Supreme Court on Monday declined to hear a Florida city's bid to fend off a lawsuit by atheists accusing officials of violating constitutional limits on government involvement in religion by staging a prayer vigil following gun violence that wounded three children.
Read more »
Supreme Court allows atheists' lawsuit against Florida city over prayer vigil to continue | CNN PoliticsThe Supreme Court declined on Monday to take up an appeal brought by a Florida city that was sued by individuals who argued it had violated the Constitution when it held a prayer vigil in 2014 in response to a local shooting.
Read more »
Supreme Court won’t hear dispute between praying police officers, atheistsThe Supreme Court declined Monday to take up a case involving a group of atheists who sued a city police department that held a prayer vigil with the community after a shooting that injured several children.
Read more »