A Direct Threat To Public Safety

This quote was part of the California Governor’s response to the ruling from U.S. District Judge Roger Benitez declaring the state’s 32-year-old ban on so-called “assault weapons” unconstitutional. While this matter is nowhere close to being final, the June 4, 2021, ruling in Miller v. Bonta is a substantial step forward in the restoration of Second Amendment protected rights in the State of California, as well as the rest of the country. 

The first part of this ruling is: 

“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, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939).”

Of course, the Governor and State Attorney General Rob Bonta immediately attacked this ruling:

“Today’s decision is a direct threat to public safety and the lives of innocent Californians, period. The fact that this judge compared the AR-15 — a weapon of war that’s used on the battlefield — to a Swiss Army knife completely undermines the credibility of this decision and is a slap in the face to the families who’ve lost loved ones to this weapon.”

By attacking the analogy used by Judge Benitez instead of the facts of the case, then continuing to perpetuate the “weapon of war” lie, it showed how little understanding the Governor and Attorney General really have about firearms, crime, violence and the Constitution.

The comparison is apt as the iconic Swiss Army Knife is universally recognized as an indispensable, multi-function, multi-use tool. The Judge could have just described the fact that the AR-15 is an indispensable, multi-function, multi-use tool, but he decided to use the common analogy to make the point. Thinking it compared lethality or anything else is absurd. 

Of course, the “weapon of war” lie is one of the most popular myths among the gun control extremists. It attempts to portray the AR-15 as the exact same firearm used by military forces. Naturally it is not, and the incredibly HUGE difference is military firearms that ‘look’ like the AR-15 are select fire; having the ability to fire multiple rounds per trigger pull, either in a burst or fully automatic. The AR-15 has NEVER been used by our military or any other as a “weapon of war”. It is simply a semi-automatic firearm, just like any other semi-automatic firearm without the so-called “evil” cosmetic features. But you already knew that. 

While the full ruling is 95 pages long, I encourage you to take some time and read it. Like all of Judge Benitez rulings, it is extremely well thought out and documented with verifiable, factual evidence, even if the State of California ignores it. The link to it is below. 

The big question is of course, what happens now? Judge Benitez stayed the ruling for 30 days within the ruling itself, ironically expiring on the 4th of July. The State will appeal, as they have promised in their public statements.  

California is the Ninth Circuit U.S. Court of Appeals, well known for its hostility towards and rulings against anything Second Amendment related. Cases in the Ninth tend to be decided by the political ideology of the judges assigned to the case rather than facts or Constitutional issues. 

The success in this case was made possible thanks to generous donations and the member supported organizations behind it. The cost has been significant and will continue to grow as it goes to the next stage. 

Now realize the State of California has unlimited resources to fight this case. Why unlimited? Because they are fighting this with YOUR tax dollars. The highly exorbitant tax dollars you pay to the state not only pay for their socialist agenda items, but to litigate cases like this to protect their ability to strip your rights away from you. If the State needs more money for the effort, they simply shuffle money from one account (like the DROS fund) to another. If they run out of money, well guess what, there’s more of that where it came from, YOU. 

And let’s not forget the billionaire funded anti-gun “grassroots” groups and lawyers who do not want this case to become precedent for the entire country. 

With the ruling stayed pending appeal, the State has everything to gain and nothing to lose by dragging out their appeals. The longer the case go on, the more resources are drained from firearm rights organizations. More dollars spent on this case means less dollars spent in other cases. All they need to do is drag this case out long enough for the 5-4 conservative majority on the United States Supreme Court to be reversed, or the Supreme Court to be packed by liberal appointed Justices, whichever comes first. 

This case is FAR from over and it is going to be years before it makes it to the Supreme Court. Even so, there is no guarantee it will be granted a writ of certiorari OR be heard by a Court supportive of Second Amendment protected rights OR be adjudicated in our favor. Even in the absolute best of circumstances, it’s a crapshoot. The chances of getting any law reversed, even a bad one, is slim at best and the only ones who are certain to win are the lawyers. 

I will repeat what I have said time and time again, the ONLY way to prevent these kinds of idiotic, non-sensical gun control laws from going into effect is to STOP electing people who are promising to take away your rights. 

Bob

https://d3n8a8pro7vhmx.cloudfront.net/firearmspolicycoalition/pages/5381/attachments/original/1622850515/Miller_v_Bonta_Opinion.pdf

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