AP Photo/Lisa Marie Pane As the legal fight over California’s ban on so-called assault weapons moves from a U.S. District Court to the Ninth Circuit Court of Appeals, a coalition of nearly two dozen Attorneys General are speaking out against the ban and in support of Judge Roger Benitez’s decision declaring the ban unconstitutional.
In a new amicus brief filed with the Ninth Circuit, Arizona Attorney General Mark Brnovich and 21 other Republican AGs urge the appellate court to reject the state of California’s request to stay Benitez’s decision while the case is appealed. The Attorneys General argue that California doesn’t have much likelihood of ultimately winning the case, and allowing the ban to remain in effect during litigation will harm the constitutional rights of California residents. Appellants tellingly characterize the state laws at issue as “barring” modern rifles. This outright ban strikes at the core of the Second Amendment. The District Court correctly held, and it is self-evident, that modern rifles are “Arms” under the Second Amendment. Modern rifles are also commonly used by law-abiding citizens for lawful purposes, including in defense of the home. As the District Court explained, “between at least 200,000 and perhaps 1,000,000 modern rifles […]
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