Appeals Court Leaves CA's Assault Weapons Ban In Place

CALIFORNIA — California's ban on assault weapons will remain in place for now after the 9th U.S. Circuit Court of Appeals blocked a lower court judge's controversial ruling that overturned the decades-old ban.

A three-judge panel of the federal appeals court on Monday stayed California-based U.S. District Judge Roger Benitez's earlier order this month.

"This leaves our assault weapons laws in effect while appellate proceedings continue," California Attorney General Rob Bonta tweeted Monday. "We won't stop defending these life-saving laws."

The Golden State is also appealing the same judge's 2017 ruling against a nearly two-decade-old ban on the sale and purchase of magazines holding more than 10 bullets and his ruling last year that blocked a 2019 California law requiring background checks for anyone buying ammunition.

The stayed order will be in effect until the 9th Circuit rules on that case, which has been placed on hold pending a lawsuit over the ban on large-capacity magazines, the Los Angeles Times reported.

That case will be heard Tuesday and its ruling will likely determine the fate of California's long-standing ban on assault weapons.

Benitez's June 4 order sparked outrage and drew sharp criticism from state Democrats and Gov. Gavin Newsom after he likened the AR-15 to a Swiss Army knife.

"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 judge said.

Newsom issued a statement shortly after the ruling chastizing the decision as a "direct threat to public safety and the lives of innocent Californians, period."

Earlier this month, Newsom denounced the ruling again, calling Benetiz "a stone-cold ideologue. He is a wholly owned subsidiary of the gun lobby of the National Rifle Association."

Republican President George W. Bush appointed Benitez. Newsom, a Democrat, assailed Republicans who don't support gun restrictions.

"We need to call this federal judge out. He will continue to do damage, mark my word," Newsom said. "This is a very focused agenda to work through this judge, where the decision's already made before it’s even presented, who writes 'press releases' on behalf of the gun lobby."

Firearm rights advocates fired back at Newsom and lambasted the governor's criticism of the judge.

"Newsom’s verbal assaults on a long-respected member of the judiciary shows his deep and continuing disrespect for the rule of law, the judiciary, the Constitution, and the human rights of California citizens,” the Firearms Policy Coalition said.

The San Diego judge garnered backlash after he made this statement: "More people have died from the COVID-19 vaccine than mass shootings in California," Benitez said on page 47 of the ruling.

His office has not responded to Patch for comment.

There have been three recorded cases of those who died after suffering from blood clotting linked to the Johnson & Johnson vaccine across the U.S., CNBC reported. In California alone, 14 people have been killed in a mass shooting in 2021.

READ MORE: U.S. Judge Says COVID Vaccine Kills More Than CA Mass Shootings

Benitez asserted that California's three-decade ban on assault weapons obstructed the rights of law-abiding citizens.

"After handguns, modern rifles are probably the most popular firearms in America. They are quietly owned by millions of law-abiding citizens for lawful purposes ranging from home defense to sporting competitions. Yet, California has banned, and continues to ban, these popular rifles," Benitez said. "Under no level of heightened scrutiny can the law survive."

#BREAKING: The 9th Circuit granted our motion to stay the district court’s ruling in Miller v. Bonta.

This leaves our assault weapons laws in effect while appellate proceedings continue.

We won't stop defending these life-saving laws.https://t.co/L8F8zpLuhv pic.twitter.com/udtszNfOis
— Rob Bonta (@AGRobBonta) June 21, 2021

California began restricting assault weapons in 1989 and has updated the law several times since. To date, there are an estimated 185,569 assault weapons registered within California, despite the ban, Benitez said earlier this month.

His ruling followed a handful of deadly shooting incidents reported in California, including a mass shooting that killed nine people in San Jose on May 26.

"There is no sound basis in law, fact, or common sense for equating assault rifles with Swiss Army knives — especially on Gun Violence Awareness Day and after the recent shootings in our own California communities," Bonta said earlier this month. "We need to take action to end gun violence now. We will fight this ruling and continue to advocate for and defend common sense gun laws that will save lives."

Assault weapons as defined by the law are more dangerous than other firearms and are disproportionately used in crimes, mass shootings and against law enforcement with more resulting casualties, the state attorney general's office has argued.

"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," Benitez said earlier this month.

The Associated Press contributed to this report.