A federal judge overturned California’s assault weapon ban on Friday, saying the law is unconstitutional because it violates the Second Amendment.
U.S. District Judge Roger Benitez of the Southern District of California compared the AR-15 to a Swiss Army knife in his ruling. The judge found that most people use military-style rifles legally.
In 1989, California prohibited the sale of weapons that have “such a high rate of fire and capacity for firepower that its function as a legitimate sports or recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings.”
Judge Benitez stayed his ruling for 30 days, to allow California Attorney General Rob Bonta time to appeal and seek a stay from the Court of Appeals.
“Today’s decision is fundamentally flawed, and we will be appealing it,” Bonta said in a press release.