December 10, 2023

By Taylor Romine | CNN

A federal choose has overturned a decades-old California regulation banning assault weapons, calling the restriction “excessive” and unconstitutional.

US District Choose Roger T. Benitez dominated Thursday the ban impedes on residents’ Second Modification rights and has no historic precedent, as is required by a landmark Supreme Courtroom resolution final yr that modified the take a look at courts are to make use of when figuring out the constitutionality of firearms laws.

Benitez relied on the same argument when he struck down California’s ban on high-capacity magazines final month.

The state argued the regulation goals to stop mass shooters from getting access to assault weapons. However Benitez countered most of the banned firearms are additionally generally utilized by “law-abiding” residents for self-defense.

“California’s reply to the legal misuse of some is to disarm its many good residents. That knee-jerk response is constitutionally untenable, simply because it was 250 years in the past,” Benitez wrote in his resolution.

The regulation struck down by Benitez features a broad definition of assault weapons, which incorporates quite a lot of semi-automatic rifles, pistols and shotguns.