Huge 2A win in California “Assault Weapon” Case – What does it actually mean?
Today, June 4, 2021, Judge Roger T. Benitez of the Southern District of California ruled that California’s “Assault Weapon” Ban is unconstitutional! This is a major first-round victory for the Second Amendment. In his opinion, Judge Benitez ruled that many of the firearms California bans as “assault weapons” are protected by the Second Amendment and that “the Second Amendment stands as a shield from government imposition of that policy.”
However, Judge Benitez also issued a simultaneous, temporary stay on his order, pending appeal. This means that California’s unconstitutional “assault weapon” ban remains in full effect despite his ruling. Unfortunately, nothing has legally changed for us, so do not go out and remove your compliance parts! This victory is not creating a “Freedom Week 2.0.”
The stay will last 30 days, during which time the Attorney General of California (Rob Bonta) has the right to seek an appeal with the 9th Circuit. If the Attorney General does not appeal within the next 30 days, and/or the 9th Circuit declines to hear the appeal or issue a stay of its own, then – and only then – will Judge Benitez’s ruling take full effect. California will appeal.
You should expect that: (1) The State of California will appeal; (2) The 9th Circuit will accept to hear the appeal; and (3) The 9th Circuit will issue their own stay on Judge Benitez’s order. As a result, this case will continue to be litigated for years to come, with no immediate changes to the law.
Kali Key is proud that, with your help, we were able to do our small part to fund this critical victory in Miller v. Becerra (now known as Miller v. Bonta). Since our inception, Kali Key has used its sales to support pro-2A grassroots organizations like San Diego County Gun Owners (SDCGO), a plaintiff in this case, and a close collaborator of FPC. Now more than ever, it is vital that we continue to show our support for these specific organizations. They will depend on renewed funding to defend against California’s certain appeal. Please consider supporting them directly, if you can, and, as always, we will continue to do our part.
Read the complete order here: https://www.courtlistener.com/docket/16069141/115/miller-v-becerra/