A coalition of states announced on Wednesday that they were filing a court brief supporting the decision of a federal judge in California who ‘shot down’ California’s three decade long assault weapons ban, which the deep-blue state has already appealed to the Ninth Circuit Court.
The 22 state coalition is led by Arizona, and is urging the Ninth Circuit to uphold a lower court decision which rejected the state’s ridiculous definition of illegal ‘military-style’ weapons. The federal judge overturned the state’s ban using a permanent injunction earlier in the month, but left a 30 day appeal window open, which the state is using.
California introduced it’s assault weapons ban in 1989, and has added and expanded that law many times over the years. The bill is constantly extending the definition of the term “assault weapon” in ways that the judge said now affected 185,569 weapons in the state of California alone.
The Republican states are arguing in the brief that the law grossly contradicts the Second Amendment by targeting weapons which are in common use by millions of law-abiding Americans for a broad range of lawful purposes.
The brief continues by describing how California’s law makes the simple possession of these common use firearms, even for keeping for home defense illegal, and that it thereby “strikes at the core of the Second Amendment.” The brief adds that “the Court should apply strict scrutiny” and explained that the ban on a whole class of constitutionally protected arms means that the state fails in applying “tailoring, let alone narrow tailoring,” which is required to be understood as passing strict scrutiny.
Arizona Attorney General Mark Brnovich made an official statement that explained that the Second Amendment is continually attacked by “out-of-touch Californians. . . ignorant special interest groups,” and said that America cannot turn it’s back on the law-abiding citizenry’s “fundamental right to defend themselves.”
California officials argue that ‘assault weapons’ pose a greater threat to the public than other firearm types, and are used disproportionately in mass shootings, crimes, and against police officers.
California lawmakers also strongly objected to the federal judge’s description of the AR-15, which he likened to a “Swiss army knife” because of the design’s versatility as a multiple use weapon.
Last month, a similar coalition of states also sought to overturn California’s ban on ‘high-capacity’ magazines.
Author: Angelina Ramsey