Posts Tagged judge benitez

Breakdown Of Judge Benitez’s 2A Ruling

From Ammoland:

This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection. The banned “assault weapons” are not bazookas, howitzers, or machine guns. Those arms are dangerous and solely useful for military purposes. Instead, the firearms deemed “assault weapons” are fairly ordinary, popular, modern rifles. This is an average case about average guns used in average ways for average purposes.

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The Guardian Discusses California Ruling

From The Guardian:

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.

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Analysis Of The California Gun Ruling

From The Federalist:

Under the Heller test, this record establishes the unconstitutionality of the ban on assault weapons, Benitez concluded. However, being bound by Ninth Circuit precedent, Benitez continued to consider the constitutionality of California’s law under that appellate court’s two-prong test. In his analysis, Benitez bypassed the strict scrutiny standard, noting in passing the law would fail that test as well, to apply the “intermediate scrutiny standard” created by the Ninth Circuit.

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