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Judge overturns California’s 32-year ban on assault weapons, calling it ‘failed experiment’

  • US District Judge Roger Benitez issued a permanent injunction against enforcement of the law but stayed it for 30 days.
  • California Governor Gavin Newsom condemned the decision, calling it ‘a direct threat to public safety and the lives of innocent Californians’

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A federal judge has overturned California’s three-decade-old ban on assault weapons, ruling that it violates the constitutional right to bear arms. Photo: AP
Associated Press

A federal judge has overturned California’s three-decade-old ban on assault weapons, calling it a “failed experiment” that violates people’s constitutional right to bear arms.

US District Judge Roger Benitez of San Diego ruled on Friday that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the US Supreme Court.

“Under no level of heightened scrutiny can the law survive,” Benitez said. He issued a permanent injunction against enforcement of the law but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal.

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California Governor Gavin Newsom. Photo: AP
California Governor Gavin Newsom. Photo: AP

California Governor Gavin Newsom condemned the decision, calling it “a direct threat to public safety and the lives of innocent Californians, period.”

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In his 94-page ruling, the judge spoke favourably of modern weapons and said they were overwhelmingly used for legal reasons.

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