SmarterthanYou
rebel
https://saf.org/saf-victory-fed-judge-declares-cal-semi-auto-ban-unconstitutional/
In his 79-page decision, Judge Benitez writes, “Falling back on an old, recycled justification, the State says that its ban should stand because a person can have as many other rifles, shotguns, and pistols as one wants…Heller demolished that argument. The same argument – that a handgun ban might be justified because government- approved alternatives are available – was rejected in Heller and it is rejected here. Heller said quite clearly that it is no constitutional answer for government to say that it is permissible to ban some guns so long as other guns are allowed. This is not the way American Constitutional rights work. It is not permissible for a state to ban some books simply because there are other books to read, or to close synagogues because churches and mosques are open. In their normal configurations, the so-called “assault weapons” banned in California are modern firearms commonly-owned by law-abiding citizens for lawful purposes across the nation. Under Heller, McDonald, Caetano, and Bruen, they may not be banned.”
In his 79-page decision, Judge Benitez writes, “Falling back on an old, recycled justification, the State says that its ban should stand because a person can have as many other rifles, shotguns, and pistols as one wants…Heller demolished that argument. The same argument – that a handgun ban might be justified because government- approved alternatives are available – was rejected in Heller and it is rejected here. Heller said quite clearly that it is no constitutional answer for government to say that it is permissible to ban some guns so long as other guns are allowed. This is not the way American Constitutional rights work. It is not permissible for a state to ban some books simply because there are other books to read, or to close synagogues because churches and mosques are open. In their normal configurations, the so-called “assault weapons” banned in California are modern firearms commonly-owned by law-abiding citizens for lawful purposes across the nation. Under Heller, McDonald, Caetano, and Bruen, they may not be banned.”
