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California AG appeals after US judge overturns state's ban on assault weapons

California AG appeals after US judge overturns state's ban on assault weapons
Well, good morning and thank you for joining us today. My name is rob Bonta California, Attorney General and Today Governor Newsome and I are joined by our partners at Giffords Law Center at brady center to prevent gun violence and Zuckerberg san Francisco General Hospital to announce that the state has appealed last friday's decision by the District Court for the southern district of California that ruled that the state's laws regulating assault weapons are unconstitutional. That appeals on file. I think we can agree that the 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 in many ways. The opinion was disturbing and troubling and of great concern. But we cannot be, and we are not deterred by this ruling in California. We have long put first the safety of the people who call the state home. Our strong common sense gun laws help curb not only mass shootings but gun violence as a whole, and with one of the lowest fire arm mortality rates in the country, we have to continue to use every tool we have to defend our laws. Those low firearm mortality rates prove that the strong regime we have addressing gun violence in California is working many Californians we know choose to own firearms, which is why our laws also respect the rights of those law abiding responsible individuals. In the week of the tragic mass shooting in san Jose, a few weeks ago, we are sadly and starkly reminded that no one law will put an end to mass shootings and gun violence, but we must continue to do our part to protect the public safety here in California. And if we can take action, that is common sense action. That is lawful action, that is constitutional to save lives. We should, and we have, We did back in 1989, Over 30 years ago, following tragic shootings in schools where Children were murdered, the California Legislature passed the roberta russo Assault Weapons Control Act, which classified specific brands and models of semi automatic firearms as assault weapons and banned the ownership and transfer of those those firearms. Then in 2000, an amendment to the law took effect, adding a flexible, features based definition of assault weapons to prevent gun manufacturers from producing functionally identical firearms to the ones that were already prohibited. Now, let's be clear these assault weapons are more appropriate for military use than for self defense, a fact that has been upheld in court and over and over in federal courts throughout this country, and even right here in California, firearm regulations involving assault weapons have been upheld as constitutional. The decision in Miller versus Bonta bucks. This trend, it is very clearly a legal outlier and it's fundamentally flawed on the law, on the facts when it comes to common sense. As of now, the district, the District Court stay of its ruling a 30 day stay. It remains in effect, which means the ban on assault weapons remains in full force and effect here in California. In addition to today's appeal, my office will ask the court of appeals to stay the District Court's ruling, which would extend the current 30 day stay of the decision and leave the laws in effect throughout the appeal process. I want to thank our team at the California Department of Justice for their tireless work in defense of our common sense gun safety laws.
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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.

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.

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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.