Judge Benitez Assault Weapons Ban - The San Diego County Chamber of Commerce released a statement Wednesday condemning Gov. Gavin Newsom's criticism of the San Diego state judge who overturned California's gun ban.
U.S. District Judge Roger Benitez earlier this month struck down the federal assault rifle ban in a 94-page ruling in which the judge compared AR-15 rifles to Army knives Swiss war and writing that murder in California is more likely. with a knife or with the attacker's bare hands.
Judge Benitez Assault Weapons Ban
The decision was quickly appealed, and the federal appeals court later stayed for a long time while the appeals process continued.
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The order, which stemmed from a lawsuit by local gun advocates, is the third time in recent years that Benitez has blocked federal laws related to firearms or ammunition. A judge previously struck down California laws banning high-capacity magazines and requiring background checks for ammunition purchases, finding in each case that the state's gun laws violate Second Amendment rights. of California.
At a press conference announcing the California proposal, Newsom blasted Benitez and the state's history of striking down gun laws, calling the judge a "stonewall" and a "total nexus of the eagle house and the National Rifle Association." He also criticized the timing of the decision, which came on National Gun Violence Awareness Day.
In its statement, the bar association said judges must rule "without political influence" and that "lawyers and public officials must maintain public trust in the judicial system and use the principles of now to express legitimate complaints about prosecution and other abuses."
The group's statement continued: "While legal experts and private citizens may agree with the judge's views, attacking the judge's image rather than the substance of the legal process undermines public confidence in the judiciary and its laws, work to interpret and apply the law.
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Newsom's comments were also criticized by the Gun Policy Coalition, which brought the lawsuit that led to Benitez's decision. The FPC was troubled by Newsom's "outrageous and offensive actions" against Benitez, which the panel said "demonstrates (Newsom's) deep and abiding respect for the rule of law, justice, the Constitution and human rights of Californians."
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This website, like most multimedia sites, uses small files called cookies to anonymously personalize the ads you see. Learn more about the use of cookies in our cookie policy. Roger Benitez compared an AR-15 to a Swiss army knife, and has continued to advocate for the Second Amendment.
A state grand jury in California on Friday overturned the state's long-standing ban on assault rifles, comparing the AR-15 to a Swiss army knife in his ruling.
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"Like a Swiss army knife, the popular AR-15 rifle is the perfect combination of home defense weapon and land defense tool," said Roger Benitez.
It's far from the first time Roger Benitez has embraced a broad definition of the Second Amendment. In fact, he has so often sided with gun rights advocates that some respondents believe these groups are targeting their case. He has repeatedly opposed California's gun laws, to the dismay of gun control advocates and the dismay of officials and gun control groups. Fox News called him a "Second Amendment Justice" in an October 2020 article.
Benitez was born in Havana, Cuba in 1950 and was appointed to the presidency by George W. Bush in 2003, overturning a California law requiring required background checks for gun buyers in a major 120-page decision last April.
"California's firearms background check laws and California's Second Amendment rights have been seriously violated," he wrote. The government has appealed the decision.
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Benitez also overturned California's ban on high-capacity magazines in 2019. The case will be heard again on June 22. In 2017 he blocked the law from taking effect.
"California's law prohibiting the purchase and possession of magazines that can hold more than 10 rounds is a serious restriction on the fundamental right of self-defense at home, which includes the denial of unfair and unconstitutional at all levels of investigation," he said. wrote at the time.
California gun control groups say gun rights groups are abusing a federal court order to allow Benitez to hear their case. When a case is decided by the federal courts, the federal courts are allowed to transfer a case from one judge to another that deals with the same legal issues as their predecessors. In the Southern District of California, there is no formal way to challenge the transfer, although the state's attorney general tried to do so late last year when a lawsuit was filed against the state Benitez on firearms that can be purchased under the Safe Handguns Roster. . .
"(Benitez) reads the Second Amendment more broadly than any other court in the country," said Eric Tirschwell, director of the gun control group Everytown Law.
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In the first year "And he adopts the tone and tone of the gunhouse. His decisions on Second Amendment issues are more widely read than what a lawyer writes, rather than what one would expect. you from the absent judge.
Benitez's decision on Friday is a step forward before it becomes the law of the land. State Attorney General Rob Bonta vowed to appeal Friday's ruling within 30 days before the ruling takes effect. Gov. Gavin Newsom objected, calling it a "slap" to victims of gun violence and referring to mass shootings and AR-15s in tweets.
Benitez also offered another gun decision: A case challenging California's ban on bill clubs and blackjack is currently underway. Terms of Service | Privacy policy | CA Collection Notice | Do not sell or share my personal information
To the editor: In striking down California's 32-year-old gun ban, U.S. District Judge Roger Benitez likened the AR-15 to a Swiss Army knife and praised it "the perfect combination of home defense weapons and landscape tools." "
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He did not mention the crimes of the AR-15: killing people watching the movie "Batman" in the theater, cutting down people who are sitting and going to church and killing first grade children.
We can debate how effective gun control is, but it's troubling to hear so much praise for those weapons that cause death and pain, with so little social benefit to compensate for. innocent family, friends, and fellow Americans.
To the editor: In the grand scheme of things, I'm not special. But even quiet moms like me need to speak up sometimes.
Was this judge trying to be honest or funny by comparing the weapon to a Swiss army knife? Really? I think this is a terrible insult to all those who have had loved ones killed by bullets fired from those military rifles.
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This nonsense of the second amendment protecting the right to bear arms must stop. Parents in their wildest dreams never dreamed of this kind of weapon to protect the home.
I hope that someone stronger than a stay-at-home mom like me can successfully stand up to this judge and overturn this decision.
To the Editor: Since the US Constitution does not mention sports, hunting, or self-defense, what guns are protected by the Second Amendment? If not a militia rifle like the civilian AR-15, then what?
The Second Amendment is the most authoritative part of the Constitution, and therefore part of the supreme law of the land. The judge made the right call in this case.
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2. The change must be taken at face value, to be modified or canceled.
To the Editor: Yes, the AR-15 and the Swiss Army Knife are tools, hammers and motors. Anything can kill people.
But a hammer can build a house. A knife can cut vegetables. A car can take me to a loved one's house. What is the benefit of assault weapons other than killing people? None.
To the Editor: So, if I understand the judge's opinion, does that mean that AR-15s can be used to kill family members against strangers?
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