(CBS) — A federal judge overturned California’s three-decade-old ban on assault weapons Friday, ruling that it violates the constitutional right to bear arms. U.S. District Judge Roger Benitez of San Diego ruled 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.
“Under no level of heightened scrutiny can the law survive,” Benitez said.
He issued a permanent injunction against enforcement of the law but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal.
Governor Gavin Newsom condemned the decision, calling it “a direct threat to public safety and the lives of innocent Californians, period.”
In his 94-page ruling, the judge spoke favorably of modern weapons, 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.