9th Circuit Overrules Lower Court, Temporarily Reinstates California “Assault Weapons” Ban

For over 30 years, California has banned certain types of semi-automatic rifles – such as the AR-15 – under a ban on assault weapons. However, on June 4, District Court Judge Roger Benitez of the appellate court threw out the ban. Photo credit ShutterStock.com, licensed.
For over 30 years, California has banned certain types of semi-automatic rifles – such as the AR-15 – under a ban on assault weapons. However, on June 4, District Court Judge Roger Benitez of the appellate court threw out the ban. Photo credit ShutterStock.com, licensed.

SAN FRANCISCO, CA – In a ruling that could have far-reaching effects upon the Second Amendment in the future, the 9th Circuit Court of Appeals has overruled an appellate court decision regarding California’s “assault weapons” ban, temporarily reinstating the measure as law in the state until the legal details are sorted out, reports say.

For over 30 years, California has banned certain types of semi-automatic rifles – such as the AR-15 – under a ban on assault weapons. However, on June 4, District Court Judge Roger Benitez of the appellate court threw out the ban, ruling in Miller v. Bonta that it violates the Second Amendment to the U.S. Constitution.



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But the 9th Circuit Court of Appeals on Monday temporarily blocked that decision, effectively restoring California’s assault weapons ban until the outcome of another Second Amendment-related case is reached.

“The district court’s June 4, 2021 order and judgment are stayed pending resolution of Rupp v. Bonta,” the court said. “The stay shall remain in effect until further order of this court.”

Rupp v. Bonta also involves the assault weapons ban and has already been briefed before the 9th Circuit Court of Appeals, but has also been put on hold pending the outcome of several other Second Amendment cases.

All parties involved, according to the 9th Circuit, are to stand by and file a statue report 14 days after the outcome of the Rupp case.

Benitez’s original decision on California’s assault weapons ban was that it was unconstitutional, with his ruling stating that, “Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment.”

The ruling sparked criticism from California Governor Gavin Newsom, who said the AR-15 is a “weapon of war.”

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