Federal judge overturns California’s state ban on assault weapons

SALINAS, Calif. (KION) U.S. District Judge Roger Benitez declared the ban on assault weapons in California to be unconstitutional and decided to over overturn a 30-year-old ban.

In his decision, he compared an AR-15 semiautomatic rifle to a Swiss Army Knife saying, "like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment."

A local political analyst says this decision is a nationwide movement with hopes of getting to the supreme court.

"There's a national movement of people who are trying to reduce the power of state and local governments to control gun possession in their communties. They're trying to get it all the way to the U.S. Supreme Court would make a ruling in support of this," said Dr. David Anderson.

This decision comes on the heels of the deadly VTA rail yard shooting that occurred in San Jose last month. Anderson mentions decisions like these are typically left for the states to decide but there's a possibility that it could reach the U.S. Supreme Court.

"What happens now is that four judges have to agree to hear the case, not five, not a majority but four. So, if there are four judges in the U.S. Supreme Court that will hear the case then conceivably it could go to a full hearing to the supreme court and that right now we just don't know," said Anderson.

 Supporters of the ruling like the San Diego Gun Owner PAC say they agree with the decision.

“The best part of the decision is hey— this is a firearm like any other firearm the right has to do with self defense,” said the

Some gun owners propose the argument that guns are not the issue.

“Weapons don't kill. People kill. Policies kill. Lack of judgement kills," said Art Negrete, a gun owner.

The decision will be stayed for at least 30 days pending an appeal to the 9th Circuit Court of Appeals.