A federal choose in California on Friday overturned the state’s three-decade-old ban on assault weapons, which he known as a “failed experiment,” prompting a pointy retort from the state’s governor.
California prohibited the sale of assault weapons in 1989. The regulation was challenged in a swimsuit filed in 2019 in opposition to the state’s lawyer normal by plaintiffs together with James Miller, a California resident, and the San Diego County Gun Owners, a political motion committee.
The choose, Roger T. Benitez of the United States District Court for the Southern District of California, wrote that sections of the state’s penal code that outlined assault weapons and restricted their use had been “hereby declared unconstitutional and shall be enjoined.”
But the choose stated he had granted a 30-day keep of the ruling on the request of Attorney General Rob Bonta, a transfer that will permit Mr. Bonta to attraction it.
Judge Benitez wrote that the case was about “what should be a muscular constitutional right and whether a state can force a gun policy choice that impinges on that right with a 30-year-old failed experiment.”
“It should be an easy question and answer,” Judge Benitez, who was nominated by former President George W. Bush, continued. “Government is not free to impose its own new policy choices on American citizens where constitutional rights are concerned.”
In an announcement late Friday, Gov. Gavin Newsom known as the choice “a direct threat to public safety and the lives of innocent Californians.”
“We’re not backing down from this fight,” Mr. Newsom added, “and we’ll continue pushing for common-sense gun laws that will save lives.”
Michael Levenson contributed reporting.