Judge Benitez: Miller v. Becerra, AR15 Rifles
ARE Protected by Second Amendment!!
(The rationale behind the decision)
By Dean Weingarten. June 27, 2021
On June 4th, 2021, in the Southern District of California, Judge Roger T. Benitez found the complex regulatory scheme of California gun laws that outlaw the ownership of "Assault weapons", particularly semi-automatic clones of the AR-15, are unconstitutional violations of the Second Amendment on their face.
Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939). Yet, the State of California makes it a crime to have an AR-15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional.
Plaintiffs challenge a net of interlocking statutes which impose strict criminal restrictions on firearms that fall under California's complex definition of the ignominious "assault weapon." Hearings on a preliminary injunction were consolidated with a trial on the merits pursuant to F.R. C.P. Rule 65(a)(2). Having considered the evidence, the Court issues these findings of fact and conclusions of law,1 finds for the Plaintiffs, and enters Judgment accordingly.
This is the opening salvo in a tightly worded and beautifully constructed 94 page decision by Judge Roger T. Benitez. This correspondent will lead the reader through a modest sampling of the decision, so those who do not wish to read the entire decision will not need to do so. Reading the entire decision is highly recommended.
Judge Benitez demolishes the argument that AR-15 style rifles are "unusual" on page 2:
This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection. The banned "assault weapons" are not bazookas, howitzers, or machine guns. Those arms are dangerous and solely useful for military purposes. Instead, the firearms deemed "assault weapons" are fairly ordinary, popular, modern rifles. This is an average case about average guns used in average ways for average purposes.
He shows how silly it is to ban a rifle for features that make it more accurate on page 8:
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The explanation of the judges' rationale is very informative and makes a strong case. Whether however this judgement can or will stand remains to be seen, although even so it should still have significant standing.
