On Thursday, three San Diego residents teamed up with a pro-2nd Amendment organization to sock it California’s assault weapons ban.
The left-wing state had previously 86’d high-capacity magazines as well, but that move was ruled unconstitutional in June.
John Dillon — an attorney involved in the new filing — believes the assault weapons kibosh will follow suit.
He said as much, according to the Times of San Diego:
“This is a straightforward case to protect our clients’ constitutional rights and property. The state of California’s ban on these firearms will fail constitutional scrutiny for the same reasons that its ban on firearm magazines did.”
Lawyer George M. Lee thinks the embargo’s crazy:
“We look forward to proving that the state’s statutes, policies, and practices at issue in this case are both unconstitutional and irrational.”
The plaintiffs’ underlying claim is that the state violates constitutional rights via a wrongheaded definition of “assault weapons” — “a politically-concocted perjorative term” affecting the ownership of “normal” firearms. They assert the term suggests there’s “an inherently unlawful or illegitimate basis for owning otherwise common firearms protected by the Second Amendment.”
The suit sees James Miller, Patrick Russ, and Gunfighter Tactical owner Ryan Peterson join PAC San Diego County Gun Owners.
Their claim certainly has merit — there’s no fixed legal definition of “assault weapon.”
Will a U.S. District Court strike down another one of Cali’s gun laws?
From Herald-Mail Media:
The assault weapon lawsuit on Thursday was assigned to U.S. District Judge John Houston, a President George W. Bush nominee, same as [the judge who ruled against the high-capacity magazine ban].
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