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California’s “Assault Weapon” Ban Ruled Unconstitutional: What Does Miller really mean for gun owners?

12/08/2022

Well another step closer for a win for California firearm owners! On Friday, June 4, Federal Judge Benitez ruled California's AR rifle ban law was unconsitituional. Read more from the California Rifle & Pistol Association on the results of his ruling:

https://crpa.org/news/blogs/californias-assault-weapon-ban-ruled-unconstitutional-what-does-miller-really-mean-for-gun-owners/

Don't rush out just yet to get that new AR or "un CA compliant" the one you own, the judge gave the State of California 30 days to file thier appeal. More will come.

UPDATE: California has appealed the decision and now it moves to the Ninth Circuit Court of Appeals. It will likely sit here while the Supreme Court prepares to make a decision on the case backed by the National Rifle Association, New York State Rifle & Pistol Association v. Bruen, which challenges the concealed carry permitting restrictions set down by the State of New York. The plaintiffs were issued a license to carry a concealed handgun for self-defense while traveling to and from work. Both plaintiffs’ licenses also permit them to carry concealed handguns for hunting and target practice, and for self-defense in areas not "frequented by the general pyblic”. The plaintiffs contend that these limitations on their ability to carry a concealed handgun violate their right to bear arms. They assert a broad view of the right to carry a handgun, one that extends virtually “wherever and whenever” the need for self-defense might arise.This is the first 2nd Amendment case before the U.S. Supreme Court since District of Columbia v. Heller in 2008 where a 5-4 majority struck down Washington, D.C.‘s ban on the possession of handguns in the home. The court held for the first time that the Second Amendment protects an individual’s right to keep and bear arms.

The feeling is that the Ninth Circuit Court of Appeals will delay making a decision on any Second Amemndment cases currently before them until after they see how the U.S. Supreme Court rules on the New York Case. We will keep you posted.

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