California appealed on Thursday to a judge’s decision that overturned the state’s decades-old ban on offensive weapons, outliers of at least six other federal decisions, in front of the conservative US Supreme Court. Claimed to try to get it.
State Attorney General Rob Bonta filed a three-page appeal to San Francisco’s Ninth Circuit Court of Appeals after a decision by US District Court Judge Roger Benitez last Friday.
According to the Los Angeles Times, Bonta argued that a 32-year-old law was needed “to keep Californians safe.”
The ban remains in effect during the appeal process, as he requires a stay in court.
Benitez ruled that the ban violated the Second Amendment and robbed gun owners of general gun laws readily available in other states. “Under close scrutiny, the law cannot survive,” he said in a decision.
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He also compares the AR-15 rifle with the Swiss Army knife and argues that “the perfect combination of defense weapons and defense equipment. Suitable for both home and combat.”
Dr. Andre Campbell, a general trauma surgeon in San Francisco, disagreed with Benitez’s assessment.
“The AR-15 is a weapon of mass destruction … used in war,” Campbell said at the hospital during the announcement of the appeal. It “causes absolute devastation on the human body, as if a bomb had exploded in the patient’s tissue.”
Governor Gavin Newsom accused Benitez of “a stone-cold ideology. He is a wholly owned subsidiary of the National Rifle Association’s gun lobby.”
“We need to call this federal judge,” Newsom continued. “He will continue to hurt. Please note my words. This has already been decided before the judge who is writing the” press release “on behalf of the gun lobby is presented. A very focused agenda to tackle through the judge. “
The Firearms Policy Coalition, which led the plaintiff who won the case at the court level, accused the governor of “exorbitant and ruthless personal attacks” against the judge.
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“Newsam’s verbal attacks on long-respected members of the judiciary show his deep and ongoing rudeness to the rule of law, the judiciary, the constitution, and the human rights of California citizens,” the group said.
“Newsam’s verbal attacks on long-respected members of the judiciary show his deep and ongoing rudeness to the rule of law, the judiciary, the constitution, and the human rights of California citizens.”
The state has already demanded Benitez’s 2017 ruling on the state’s almost 20-year-old ban on the sale and purchase of magazines holding more than 10 bullets, and a background check on those who buy ammunition in California 2019. He is suing his ruling to block state law.
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California first banned certain brands of weapons in 1989 after five children were killed and more than 20 were injured in a shooting at Stockton Elementary School. Since then, the state has updated the law several times, and overall, it has some of the strictest firearms laws in the country.
“The state’s desire to continue imposing bans should not be allowed to overcome the fundamental rights of gun owners to comply with the law,” said the Firearms Policy Coalition. The AR-15 claimed to be just another gun allowed by the state.
According to The Times, the ruling could affect other than California, where six other states and Washington, DC have similar assault weapons bans.
The Associated Press contributed to this report.
California file appeals after judge overturns ban on offensive weapons decades ago
Source link California file appeals after judge overturns ban on offensive weapons decades ago