California on Thursday appealed a judge’s ruling that overturned the state’s decades-old ban on assault weapons, claiming it was an outlier to at the least six different federal choices and an try and get it in entrance of the conservative-leaning U.S. Supreme Court.
State Attorney General Rob Bonta filed the three-page attraction with the Ninth Circuit Court of Appeals in San Francisco following U.S. District Judge Roger Benitez’s determination final Friday.
Bonta argued the 32-year-old legislation was wanted “to protect the safety of Californians,” in keeping with The Los Angeles Times.
He will ask the court docket for a keep so the ban will stay in impact through the appeals course of.
Benitez dominated that the ban violated the Second Amendment and disadvantaged law-abiding gun homeowners of widespread firearms available in different states. “Under no level of heightened scrutiny can the law survive,” he mentioned in his determination.
He additionally controversially in contrast the AR-15 rifle to a Swiss Army knife, calling it “a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle.”
San Francisco General trauma surgeon Dr. Andre Campbell disagreed with Benitez’s evaluation.
“An AR-15 is a weapon of mass destruction … used in warfare,” Campbell mentioned on the hospital through the attraction announcement. It “causes absolute devastation to the human body. It is as if a bomb went off in the tissues of the patient.”
Gov. Gavin Newsom denounced Benitez as “a stone-cold ideologue. He is a wholly owned subsidiary of the gun lobby of the National Rifle Association.”
“We need to call this federal judge out,” Newsom continued. “He will continue to do damage, mark my word. This is a very focused agenda to work through this judge, where the decision’s already made before it’s even presented, who writes ‘press releases’ on behalf of the gun lobby.”
The Firearms Policy Coalition, which led plaintiffs who gained on the trial stage, condemned the governor’s “outrageous and callous personal attacks” on the choose.
“Newsom’s verbal assaults on a long-respected member of the judiciary shows his deep and continuing disrespect for the rule of law, the judiciary, the Constitution, and the human rights of California citizens,” the group mentioned.
“Newsom’s verbal assaults on a long-respected member of the judiciary shows his deep and continuing disrespect for the rule of law, the judiciary, the Constitution, and the human rights of California citizens.”
The state already is interesting Benitez’s 2017 ruling in opposition to the state’s almost two-decade-old ban on the gross sales and purchases of magazines holding greater than 10 bullets and his ruling final yr blocking a 2019 California legislation requiring background checks for anybody shopping for ammunition.
California first banned particular manufacturers of weapons in 1989 after a mass capturing at a Stockton elementary college killed 5 youngsters and injured greater than two dozen others. The state has up to date the legislation a number of instances since then and general has among the nation’s strictest firearms legal guidelines.
“The State’s desire to continue imposing its ban should not be allowed to prevail over the fundamental rights of law-abiding gun owners,” the Firearms Policy Coalition mentioned. It argued AR-15s aren’t any greater than different firearms allowed by the state.
The ruling might have implications outdoors of California the place six different states and Washington, D.C. have related assault weapon bans, in keeping with The Times.
The Associated Press contributed to this report.