Federal Judge Overturns California Assault Weapons Ban for Second Time, State Appeals Imminent

Judge Roger Benitez of San Diego argues that state laws prohibiting semiautomatic gun sales violate citizens' constitutional rights, stating semi-automatic rifles like the AR-15 are commonly used tools for self-defense by law-abiding citizens; California Attorney General Rob Bonta rebuts, insisting 'weapons of war' endanger public safety and have no place on California streets.

Federal Judge Roger Benitez of San Diego overturned California's three-decade-old ban on assault weapons for a second time on October 19, 2023, arguing that the prohibition on semiautomatic guns violates citizens' constitutional rights.
Judge Benitez contends that semi-automatic rifles like the AR-15, while recognized as being commonly used by criminals, are used for self-defense by law-abiding citizens, leading him to characterize the state laws as criminalizing such citizens who acquire these firearms for self-defense.
Judge Benitez's ruling is similar to a 2021 decision where he classified California's ban on assault weapons as a 'failed experiment.' In both cases, the judge used the analogy that, like the Bowie Knife that was a common tool in the 1800s, 'assault weapons' are dangerous but useful.
However, California Attorney General Rob Bonta is pushing back against this ruling, as his office has already filed a notice of appeal. Bonta continues to argue that 'weapons of war' have no place on California streets and remains focused on enacting measures that prevent mass casualties.
The ongoing legal dispute represents one of the numerous challenges to California's gun laws, which are among the strictest in the nation. It specifically emphasizes the contrast between the perspective that semiautomatic guns held by lawful citizens are necessary for self-defense and the opposing stance that such 'assault weapons' greatly heighten the risk of mass violence.