Friday, October 20, 2023
Federal Judge rules California assault weapons ban unconstitutional
A federal judge who previously overturned California’s three-decade-old ban on assault weapons did it again on Thursday, ruling that the state’s attempts to prohibit sales of semiautomatic guns violates the constitutional right to bear arms.
U.S. District Judge Roger Benitez of San Diego conceded that powerful weapons like AR-15 rifles are commonly used by criminals, but said the guns are importantly also owned by people who obey the law and feel they need firearms to protect themselves.
“The State of California posits that its ‘assault weapon’ ban, the law challenged here, promotes an important public interest of disarming some mass shooters even though it makes criminals of law-abiding residents who insist on acquiring these firearms for self-defense,” Benitez wrote. “Nevertheless, more than that is required to uphold a ban.”
The judge’s ruling is nearly identical to a 2021 decision in which he called California’s ban on assault weapons a “failed experiment.” Benitez has has repeatedly struck down multiple California firearms laws. Just last month, he ruled the state cannot ban gun owners from having detachable magazines that hold more than 10 rounds.
Benitez’s latest decision would overturn multiple state statutes related to assault weapons. The judge gave the state 10 days to seek a stay on the ruling as part of an appeal to the U.S. 9th Circuit Court of Appeals.
California Attorney General Rob Bonta said his office had already filed a notice of appeal.
“Weapons of war have no place on California’s streets,” Bonta said in a statement Thursday. “This has been state law in California for decades, and we will continue to fight for our authority to keep our citizens safe from firearms that cause mass casualties. In the meantime, assault weapons remain unlawful for purchase, transfer, or possession in California.”
John Dillon, an attorney for the plaintiffs who sued to overturn the law, cheered the judge’s ruling.
Tuesday, October 10, 2023
Biden faces more criticism about the US-Mexico border, one of his biggest problems
The ad sounds like something out of the GOP 2024 playbook, trumpeting a senator’s work with Republicans to crack down on the flow of fentanyl and other illegal drugs into the U.S., getting tough on Chinese interests helping smugglers, and noting how he “wrote a bill signed by Donald Trump to increase funding for Border Patrol.”
It’s actually a commercial for Sen. Sherrod Brown, an Ohio Democrat facing a tough reelection fight that will help decide control of the Senate.
“Ohioans trust Sherrod Brown to keep us safe,” says the narrator of the ad, sponsored by the Democrat-aligned Duty and Country PAC. His campaign declined to comment.
The message is one more indication of the political and security challenges the U.S.-Mexico border has presented for President Joe Biden. Some Democrats across the country are distancing themselves from the White House, and polls indicate widespread frustration with Biden’s handling of immigration and the border, creating a major liability for the president’s re-election next year.
The Biden administration this week took two actions seen by many as moving to the right on immigration.
The Department of Homeland Security waived environmental and other reviews to construct new portions of a border wall in South Texas after Biden pledged during the 2020 campaign that he would build “not another foot” of wall. And U.S. officials said they would resume deportations to Venezuela not long after the administration increased protected status for thousands of people from the country.
Both moves inflamed conservatives and liberals alike. Many Republicans accused Biden of being too late to adopt former President Donald Trump’s ideas on a border wall, while liberals who oppose additional border restrictions accused the White House of betraying campaign pledges.
“My frustration has been that we are not addressing immigration in a holistic way as a country. We are depending on the president alone,” said Rep. Veronica Escobar of Texas, a Democrat who represents the border city of El Paso and is a national co-chair of the Biden re-election campaign. “We are treating people from different nationalities in a different way. And the pathways that have been created are being challenged in court consistently.”
Biden has said his administration moved forward with the border wall because it was required by Congress during the Trump administration, even though he considers it ineffective. His reelection campaign pointed to Trump’s record at the border, including his administration’s practice of separating immigrant families as a deterrence measure and the temporary detention of children in warehouses in chain-link cells.
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