California AG appeals after US judge overturns state's ban on assault weapons
After a federal judge overturned California's three-decade-old ban on assault weapons, California's attorney general announced Thursday that he was appealing the decision.
The appeal comes as a 30-day stay of the earlier court decision is in effect, which means "the ban remains in full force," according to California Attorney General Rob Bonta. Bonta's office will ask the Courts of Appeal to stay the district court's ruling, which would leave the ban in effect throughout the appeal process.
The action by Bonta, announced during a news conference on Thursday, comes after U.S. District Judge Roger Benitez of San Diego ruled last Friday that the state's definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court.
In his 94-page ruling, the judge spoke favorably of modern weapons and said they were overwhelmingly used for legal reasons.
"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 in his ruling's introduction.
Bonta on Thursday had sharp criticism for Judge Benitez.
"I think that we can agree that that decision was disappointing and the reasoning such as equating assault weapons to Swiss Army knives and false claims that COVID-19 vaccines have killed more people than mass shootings was shocking," said Bonta, referencing the judge's comments. "In many ways the opinion was disrupting and troubling and a great concern. But we cannot be and we are not deterred by this ruling.”
Gov. Gavin Newsom joined Bonta at Thursday's news conference and ripped into the judge's decision.
"I'm a son of a judge. I am very cautious when it comes to attacking judicial decisions. But I've sat back and watched decision after decision after decision with Judge Benitez. He’s unserious," the governor said.
"He's a wholly-owned subsidiary of the gun lobby and the National Rifle Association. Read these decisions," Newsom continued. "Don't just read the headlines."
— The Associated Press contributed reporting.