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US California appeals court ruling upending assault weapons ban

07:55  11 june  2021
07:55  11 june  2021 Source:   msn.com

Federal Judge Roger Benitez Says ‘Assault Weapons’ Are ‘Anti-Crime Guns’ That Are ‘Perfect’ As ‘Militia Service’ Weapons

  Federal Judge Roger Benitez Says ‘Assault Weapons’ Are ‘Anti-Crime Guns’ That Are ‘Perfect’ As ‘Militia Service’ Weapons A U.S. District Court judge on Friday issued a 94-page opinion which overturned California's long-standing ban on certain guns deemed by state law to be "assault weapons." The post Federal Judge Roger Benitez Says ‘Assault Weapons’ Are ‘Anti-Crime Guns’ That Are ‘Perfect’ As ‘Militia Service’ Weapons first appeared on Law & Crime.(1) The AR-15 rifle is like a Swiss Army Knife.

SACRAMENTO, Calif. (AP) — California's governor denounced in starkly personal terms a federal judge's upending of the state's restrictions on assault weapons as officials announced the filing Thursday of a formal notice that they will appeal the decision.

FILE - In this Dec. 27, 2012, file photo are some of the weapons that include handguns, rifles, shotguns and assault weapons, collected in a Los Angeles Gun Buyback event displayed during a news conference at the LAPD headquarters in Los Angeles. A federal judge has overturned California's three-decade-old ban on assault weapons, ruling that it violates the constitutional right to bear arms. U.S. District Judge Roger Benitez of San Diego ruled Friday, June 4, 2021, that the state's definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states. (AP Photo/Damian Dovarganes, File) © Provided by Associated Press FILE - In this Dec. 27, 2012, file photo are some of the weapons that include handguns, rifles, shotguns and assault weapons, collected in a Los Angeles Gun Buyback event displayed during a news conference at the LAPD headquarters in Los Angeles. A federal judge has overturned California's three-decade-old ban on assault weapons, ruling that it violates the constitutional right to bear arms. U.S. District Judge Roger Benitez of San Diego ruled Friday, June 4, 2021, that the state's definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states. (AP Photo/Damian Dovarganes, File)

They described last week's ruling by U.S. District Judge Roger Benitez as an outlier that conflicts with at least six other federal decisions upholding assault weapons laws in California and elsewhere, a ruling that is designed to get the issue before a recently more conservative U.S. Supreme Court.

How misinformation overturned California's assault weapons ban

  How misinformation overturned California's assault weapons ban We cannot continue to allow misinformation and myths to seep into our courtrooms and legislatures. Judge Bentiz made a serious miscalculation that will impact the lives and safety of Californians. Facts and data matter. It's time to start paying attention to the truth about gun violence.Devin Hughes is the President and Founder of GVPedia, a non-profit that provides access to gun violence prevention research and data.

FILE - In this June 29, 2004, file photo, Steve Sposato, who lost his wife in a shooting, holds an automatic rifle as Sen. Dianne Feinstein, D-Calif., left, then San Francisco Mayor Gavin Newsom, second left, and Sen. Barbara Boxer, D-Calif., right, look on at a news conference in San Francisco. Sposato's wife, Jody Sposato, was killed in 1993 in the high-rise shooting at a San Francisco law firm. U.S. District Judge Roger Benitez of San Diego ruled Friday, June 4, 2021, that the state's definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court. Gov. Newsom condemned the decision, calling it © Provided by Associated Press FILE - In this June 29, 2004, file photo, Steve Sposato, who lost his wife in a shooting, holds an automatic rifle as Sen. Dianne Feinstein, D-Calif., left, then San Francisco Mayor Gavin Newsom, second left, and Sen. Barbara Boxer, D-Calif., right, look on at a news conference in San Francisco. Sposato's wife, Jody Sposato, was killed in 1993 in the high-rise shooting at a San Francisco law firm. U.S. District Judge Roger Benitez of San Diego ruled Friday, June 4, 2021, that the state's definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court. Gov. Newsom condemned the decision, calling it "a direct threat to public safety and the lives of innocent Californians, period." (AP Photo/Eric Risberg, File)

Gov. Gavin Newsom, the son of a judge, denounced Benitez as “a stone cold ideologue. He is a wholly owned subsidiary of the gun lobby of the National Rifle Association.”

Federal Judge Claims the COVID Vaccine Kills More People Than Mass Shootings Do

  Federal Judge Claims the COVID Vaccine Kills More People Than Mass Shootings Do Judge Roger Benitez took inspiration from Tucker Carlson and Ho Chi Minh in his bizarre decision.But this dubious comparison is just the tip of the iceberg: Benitez’s 94-page opinion is riddled with bizarre and unsupported claims—even more so than his previous decision blocking the kind of high-capacity magazine used in the Thousand Oaks shooting. Below are five of the opinion’s most alarming and unbelievable assertions, from COVID misinformation to outlandish speculation that AR-15s are necessary to stop rape.

The state already is appealing the same judge's 2017 ruling against the state’s nearly two-decade-old ban on the sales and purchases of magazines holding more than 10 bullets, and his ruling last year blocking a 2019 California law requiring background checks for anyone buying ammunition.

FILE - In this Thursday, Dec. 3, 2015, file photo, police crime photos of assault rifles and handguns are displayed during a news conference near the site of a mass shooting in San Bernardino, Calif. A husband and wife on Dec. 2, 2015, dressed for battle and carrying assault rifles and handguns, opened fire on a holiday banquet for his co-workers, killing at least 14 people and seriously wounding more than a dozen others in a precision assault, authorities said. A federal judge on Friday, June 4, 2021, has overturned California's three-decade-old ban on assault weapons, ruling that it violates the constitutional right to bear arms. (AP Photo/Chris Carlson, File) © Provided by Associated Press FILE - In this Thursday, Dec. 3, 2015, file photo, police crime photos of assault rifles and handguns are displayed during a news conference near the site of a mass shooting in San Bernardino, Calif. A husband and wife on Dec. 2, 2015, dressed for battle and carrying assault rifles and handguns, opened fire on a holiday banquet for his co-workers, killing at least 14 people and seriously wounding more than a dozen others in a precision assault, authorities said. A federal judge on Friday, June 4, 2021, has overturned California's three-decade-old ban on assault weapons, ruling that it violates the constitutional right to bear arms. (AP Photo/Chris Carlson, File)

“We need to call this federal judge out. He will continue to do damage, mark my word,” Newsom said. “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.”

Assault weapons: The legal battle over them continues. What are they?

  Assault weapons: The legal battle over them continues. What are they? A federal judge has ruled that California's 32-year-old assault weapons ban is unconstitutional -- and that the state cannot limit civilian access to weapons he considered to be "fairly ordinary, popular, modern rifles."A federal judge has ruled that California's 32-year-old assault weapons ban is unconstitutional -- and that the state cannot limit civilian access to weapons he considered to be "fairly ordinary, popular, modern rifles.

Gun owners’ rights groups have made no secret of their effort to get firearms restrictions before the nation’s high court.

But the Firearms Policy Coalition, which led plaintiffs who won at the trial level, condemned the governor's “outrageous and callous personal attacks” on the judge.

“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 said.

Benitez was appointed by Republican President George W. Bush, and Newsom, a Democrat, also assailed Republicans who don't support gun restrictions.

A three-judge appeals court panel agreed with Benitez on his ammunition magazine ruling, but the decision is being reconsidered by a larger appellate panel.

FILE - In this Thursday, Jan. 24, 2013, file photo, Sen. Dianne Feinstein, D-Calif., speaks during a news conference on Capitol Hill in Washington to introduce legislation on assault weapons and high-capacity ammunition feeding devices. U.S. District Judge Roger Benitez of San Diego ruled Friday, June 4, 2021, that the state's definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states. California first restricted assault weapons in 1989, with multiple updates to the law since then. (AP Photo/Manuel Balce Ceneta, File) © Provided by Associated Press FILE - In this Thursday, Jan. 24, 2013, file photo, Sen. Dianne Feinstein, D-Calif., speaks during a news conference on Capitol Hill in Washington to introduce legislation on assault weapons and high-capacity ammunition feeding devices. U.S. District Judge Roger Benitez of San Diego ruled Friday, June 4, 2021, that the state's definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states. California first restricted assault weapons in 1989, with multiple updates to the law since then. (AP Photo/Manuel Balce Ceneta, File)

Attorney General Rob Bonta filed the three-page notice of appeal and plans to ask the 9th U.S. Circuit Court of Appeals for a stay so the current 32-year assault weapons ban will remain in effect throughout the appeals process.

Gavin Newsom Says Overturning Assault Weapon Ban 'Disgusting Slap in the Face'

  Gavin Newsom Says Overturning Assault Weapon Ban 'Disgusting Slap in the Face' Striking down the law, a federal judge in San Diego compared AR-15 style weapons to a Swiss Army Knife. "Overturning CA's assault weapon ban and comparing an AR-15 to a SWISS ARMY KNIFE is a disgusting slap in the face to those who have lost loved ones to gun violence," Newsom said."This is a direct threat to public safety and innocent Californians. We won't stand for it," he said.The case challenging California's assault weapons ban was launched in 2019 by James Miller and a political action committee (PAC) called the San Diego County Gun Owners, according to The New York Times.


Video: U.S. federal judge overturns California's ban on assault weapons (Reuters)

Benitez ruled on Friday that the state’s definition of illegal military-style rifles violates the U.S. Constitution because it deprives law-abiding Californians of weapons commonly allowed in most other states.

Critics of the ruling including Bonta and Newsom were particularly upset with the judge's comparison of assault weapons to a common tool: "Like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle,” the judge wrote.

“Pocket knives were not intended to kill as many people as possible," said Mattie Scott, Brady California state president, whose 24-year-old son was killed with an assault weapon in 1996.

State officials announced their appeal at San Francisco General Hospital, a Level I Trauma Center, where trauma surgeon Dr. Andre Campbell vividly described the damage that can be done by a high-speed rifle round fired from an assault weapon.

“An AR-15 is a weapon of mass destruction ... used in warfare," Campbell said. It “causes absolute devastation to the human body. It is as if a bomb went off in the tissues of the patient."

Turkish mafia boss dishes dirt, becomes YouTube phenomenon

  Turkish mafia boss dishes dirt, becomes YouTube phenomenon ANKARA, Turkey (AP) — From alleged drug trafficking and a murder cover-up to weapons transfers to Islamic militants, a convicted crime ringleader has been dishing the dirt on members of Turkish President Recep Tayyip Erdogan’s ruling party through a series of tell-all videos that have captivated the nation and turned him into an unlikely social media phenomenon. Sedat Peker, a 49-year-old fugitive crime boss, who once openly supported Erdogan’s Justice and Development Party, has been releasing nearly 90-minute long videos from his stated base in Dubai, United Arab Emirates, making scandalous but yet-unproven drip-by-drip allegations, in an apparent bid to settle scor

California first banned specific brands of weapons in 1989 after a mass shooting at a Stockton elementary school killed five children and injured more than two dozen others. The state has updated the law several times since then and overall has some of the nation's strictest firearms laws.

As a result, “we have one of the lowest gun death rates in the entire country,” said Robyn Thomas, executive director of the Giffords Law Center to Prevent Gun Violence.

The Firearms Policy Coalition said it will oppose any stay of Benitez' order. It had argued in part that assault weapons are no more deadly than some other weapons that are not banned by the state.

“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 group said.

Newsom and Bonta, both Democrats, are longtime supporters of what they term commonsense gun restrictions. The governor likely faces a recall election this fall largely driven by his handling of the coronavirus pandemic. Bonta took office in April to fill a vacancy and faces several more conservative challengers in next year's election.

Their move was backed earlier by 10 Democratic state lawmakers who said the restrictions help control gun violence.

Democrats who control the state Assembly on Thursday revived for future consideration a bill that would raise taxes on the sale of guns and ammunition.

The bill requires a two-thirds vote because it would raise taxes, and last week it failed to muster enough votes. It would impose a 10% tax on the sales price of handguns and an 11% tax on the sales price of rifles, precursor parts and ammunition, using the money for gun violence prevention and recovery programs.

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Associated Press writer Adam Beam contributed to this story.

American Samoa culture plays role in US citizenship ruling .
HONOLULU (AP) — In a decision citing American Samoa cultural traditions, those born in the U.S. territory shouldn't have citizenship automatically forced on them, a federal appeals court ruled Wednesday. The 10th U.S. Circuit Court of Appeal ruling reverses a lower court ruling that sided with three people from American Samoa who live in Utah and sued to be recognized as citizens. The judge ruled the Utah residents are entitled to birthright citizenship under the 14th Amendment. He then put his ruling on hold pending appeal. U.S. Congress should play a bigger role than the courts in deciding citizenship for those in territories, the appeals court ruling said.

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