A Win for the Second Amendment: Federal Judge Overturns California’s Assault Weapon Ban

Second Amendment

From Kentucky to California, a Win for the Second Amendment

Good news for Second Amendment advocates! A federal judge has recently overturned California’s decades-old ban on assault weapons, labeling it as “extreme” and unconstitutional. This landmark decision has significant implications for gun owners not just in California, but across the United States.

Second Amendment

The Ruling

U.S. District Judge Roger T. Benitez ruled that the ban infringes upon residents’ Second Amendment rights and lacks historical precedent. This decision aligns with a landmark Supreme Court ruling from last year, which set new standards for evaluating the constitutionality of firearm regulations. Judge Benitez had previously struck down California’s ban on high-capacity magazines, relying on similar arguments.

The State’s Argument and the Judge’s Counter

California’s government argued that the ban aimed to prevent mass shootings by restricting access to assault weapons. However, Judge Benitez countered that many of the firearms classified as “assault weapons” under the law are commonly used by law-abiding citizens for self-defense. He stated, “California’s answer to the criminal misuse of a few is to disarm its many good residents. That knee-jerk reaction is constitutionally untenable.”

Broad Definition of Assault Weapons

The law that was struck down had a broad definition of what constitutes an assault weapon, including a variety of semi-automatic rifles, pistols, and shotguns. This sweeping categorization had long been a point of contention among gun owners and Second Amendment advocates.

Reaction from California Officials

Governor Gavin Newsom criticized the decision, calling it a “direct insult to every victim of a mass shooting and their families.” California Attorney General Rob Bonta immediately filed a notice of appeal and criticized the court’s decision as “dangerous and misguided.”

What This Means for the Future

This ruling opens the door for further scrutiny of firearm restrictions, not just in California but nationwide. Under the new standards set by the Supreme Court, firearm regulations must align with the nation’s historical tradition to comply with Second Amendment protections.


This decision is a significant win for Second Amendment advocates and law-abiding gun owners. It challenges the constitutionality of broad and sweeping firearm bans and sets a precedent for future cases. As always, we’ll keep you updated on how this unfolds and what it means for gun owners in Somerset, KY, and beyond.