The Unconstitutional AR-15 Ban-
A Legal Decision We Can Understand

By Rob Morse. June 7, 2021

In a 94 page decision, Judge Roger T. Benitez said California’s ban on AR-style rifles is unconstitutional. Read the judge’s decision yourself since he wrote in language that even a journalist can understand. At best I can summarize a few of my favorite parts. The judge said-

"The AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment.. the kind of versatile gun that lies at the intersection of the firearms protected under Heller, and Miller, yet, the State of California makes it a crime to have an AR15.

When a citizen complains that the government is infringing, then it is the government that must carry the burden of justifying its restriction of Second Amendment rights.

..that a civilian rifle has design features similar to a military rifle does not detract from its constitutional protection, it actually enhances a firearm’s constitutional protection for militia readiness. The Court finds that the prohibited features do not change an AR-15 rifle from a benign weapon into an “incredibly effective killing machine.”

This Court therefore declares the California statutes to be unconstitutional."

..the “assault weapon” epithet is a misnomer. Like all guns, these prohibited guns are dangerous weapons that can be used for ill or for good. They could just as well be called “home defense rifles” or “anti-crime guns.” .....

"Government is not free to impose its own new policy choices on American citizens where Constitutional rights are concerned. The Second Amendment takes certain policy choices and removes them beyond the realm of permissible state action."


Back to Top