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 that the state´s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states.
He handed down the two page ruling in response to a lawsuit filed against the State of California by James Miller, Patrick Russ, Ryan Peterson and the the San Diego County Gun Owners Political Action Committee.
The plaintiffs successfully argued that California’s use of the term ‘assault weapons’ was ‘a politically-concocted pejorative term designed to suggest that there is an inherently unlawful or illegitimate basis for owning otherwise common firearms protected by the Second Amendment.’
They added that California banned guns which should have been lawful to own by designating them assault weapons using faulty rationales, such as a rifle’s ammunition capacity.