SD Judge Denies CA Motion to Dismiss Suit Challenging Assault Weapon Ban

SD Judge Denies CA Motion to Dismiss Suit Challenging Assault Weapon Ban

Share This Article: Federal courthouse in downtown San Diego. Photo by Chris Stone A San Diego federal judge has denied the state of California’s motion to dismiss a lawsuit challenging its assault weapon ban, which was brought on by a group of San Diego County gun owners and Second Amendment rights proponents. U.S. District Judge Roger T. Benitez stated in a written ruling Wednesday that the potentially serious criminal penalties one faces for violating California’s assault weapon laws provide sufficient standing for the lawsuit to proceed. The suit filed last year in San Diego federal court challenges the constitutionality of several California Penal Code sections related to prohibiting or restricting the possession, importation and sale of assault weapons. The plaintiffs’ complaint alleges the term “assault weapon” is “a politically concocted, pejorative term designed to place more and more constitutionally protected arms inside the Legislature’s mercurial definitions of banned arms — and outside the reach of normal, law-abiding Americans.” Benitez, who previously sided with firearm proponents in holding California’s ban on large-capacity magazines unconstitutional, wrote in his Wednesday ruling that the potential criminal penalties for violating the state’s assault weapon laws means “any law-abiding citizen may lose his liberty, and (not ironically) his Second Amendment rights, as a result of exercising his constitutional right to keep and bear arms if the arm falls within the complicated legal definition of an `assault weapon.’ If ever the existence of a state statute had a chilling effect on the exercise of a constitutional […]

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.