Democrats Strike After Gun Ban Law Overturned

( )- Democrats in California are not going to lie down quietly on their fight to uphold a ban on assault weapons.

Last week, a San Diego federal judge overturn the ban on assault weapons that had been in place in California for the last 32 years.

When he made his ruling, U.S. District Judge Roger Benitez said California’s definition of assault weapons deprives the state’s law-abiding citizens of weapons that are allowed in many other states, and are allowed by the Supreme Court.

California’s gun laws are among the strictest of any state in the country. Benitez said the ban on “assault” weapons in the state was a “failed experiment” that deprives residents of their rights under the Second Amendment to bear arms.

In his ruling, Benitez wrote:

“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 AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller and United States v. Miller. Yet, the State of California makes it a crime to have an AR-15 type rifle. Therefore, this court declares the California statutes to be unconstitutional.”

Immediately following the ruling, California’s Democratic leaders not only condemned the decision but promised to appeal it. In a statement, the state’s attorney general, Rob Bonta, said:

“Today’s decision is fundamentally flawed, and we will be appealing it. There is no sound basis in law, fact or common sense for equating assault rifles with Swiss Army knives — especially on Gun Violence Awareness Day and after the recent shootings in our own California communities. We will fight this ruling and continue to advocate for and defend common sense gun laws that will save lives.”

Governor Gavin Newsome said the decision was “a direct threat to public safety and the lives of innocent Californians, period … We’re not backing down from this fight, and we’ll continue pushing for common sense gun laws that will save lives.”

In April, President Joe Biden said the White House would take steps to try to address “gun violence as a public health epidemic.” He cited mass shootings throughout the country as well as the huge spike in homicides that’s happening in America’s cities from coast to coast.

In May, a mass shooting at a San Jose rail yard in California brought extra attention to the issue locally. The Los Angeles Times reported that the gunman in that case had three semiautomatic 9-millimeter handguns that had 32 high-capacity magazines that were loaded with more ammo.

The gunman killed nine of his co-workers at the rail yard before shooting himself.

The AR-15 rifle has been used in other mass shootings in America, including the 2017 shooting at a concert in Las Vegas, Nevada, and the 2016 shooting at the Pulse nightclub in Orlando, Florida.