Federal Judge Again Strikes Down California “Assault Weapon” Ban

SAN DIEGO, CA (October 19, 2023) – Today, Firearms Policy Coalition (FPC) announced that Judge Roger T. Benitez of the Southern District of California has issued an opinion in Miller v. Bonta, once again holding that California’s ban on so-called “assault weapons” is unconstitutional under the Second Amendment. The opinion, which can be viewed at AssaultWeaponLawsuit.com, comes after the Ninth Circuit Court of Appeals remanded the lawsuit back to the district court in light of the Supreme Court’s NYSRPA v. Bruen decision.

“The American tradition is rich and deep in protecting a citizen’s enduring right to keep and bear common arms like rifles, shotguns, and pistols,” wrote Judge Benitez in his opinion. “However, among the American tradition of firearm ownership, there is nothing like California’s prohibition on rifles, shotguns, and handguns based on their looks or attributes. Here, the ‘assault weapon’ prohibition has no historical pedigree and it is extreme.”

“Today’s opinion is yet another thorough demonstration of the unconstitutional nature of these types of bans on constitutionally protected arms,” said Cody J. Wisniewski, FPC Action Foundation’s General Counsel and Vice President of Legal, and counsel for FPC. “We’re elated that the Court has recognized that California’s ban flies directly in the face of peaceable individuals’ constitutionally protected right to keep and bear arms, and we look forward to continuing to demonstrate that point in courtrooms in California and across the country.”

FPC is joined in the litigation by California Gun Rights Foundation, San Diego County Gun Owners PAC, and the Second Amendment Foundation.