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Federal Judge tosses California’s 3 decade old ban on assault rifles

“California’s 30 year old ban on assault weapons violates the Second Amendment to the U.S. Constitution,” judge rules.

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United States District Court for the Southern District of California

SAN DIEGO – In a ruling issued Friday evening, U.S. District Judge Roger Benitez ruled that California’s three-decade-old ban on assault weapons violates the Second Amendment to the U.S. Constitution. The state had first crafted the ban in 1989 and in the intervening thirty-two years lawmakers in Sacramento had repeatedly amended the law.

The case, Miller v. Bonta (previously Miller v. Becerra) had been brought by the  Firearms Policy Coalition, (FPC) which in 2019, developed and filed the suit as a federal Second Amendment challenge to California’s Assault Weapons Control Act (AWCA). The FPC argued that the State’s ban prohibits arms that are constitutionally protected, no more lethal than other certain arms that are not banned, and commonly possessed and used for lawful purposes in the vast majority of the United States.

The Roberti-Roos Assault Weapons Control Act of 1989 (AWCA) is a California law that bans the ownership and transfer of over 50 specific brands and models of semi-automatic firearms, which were classified as assault weapons. Most were rifles, but some were pistols and shotguns.

In his ruling, Benitez wrote that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states.

The state’s definition of an assault weapon was the focus of the ruling. California’s attorney general  Rob Bonta argued that assault weapons were more dangerous and were used in more crimes and mass shootings.

“Today’s decision is a direct threat to public safety and the lives of innocent Californians, period. As the son of a judge, I grew up with deep respect for the judicial process and the importance of a judge’s ability to make impartial fact-based rulings, but the fact that this judge compared the AR-15 – a weapon of war that’s used on the battlefield – to a Swiss Army Knife completely undermines the credibility of this decision and is a slap in the face to the families who’ve lost loved ones to this weapon. We’re not backing down from this fight, and we’ll continue pushing for common sense gun laws that will save lives,” California Governor Gavin Newsom said in a press release Friday evening.

A spokesperson for the Governor pointed out that California has led the nation in passing gun safety laws, having pioneered statewide protections approved by voters in Proposition 63 to ban possession of large-capacity ammunition magazines and requiring background checks to keep ammunition out of the hands of dangerous people.

Since assuming office, Newsom has signed multiple bills aimed at reducing gun violence, including strengthening gun violence restraining orders and regulating the sale of firearms and ammunition. He also worked with the Legislature to accelerate the regulation of ‘ghost guns’ to crack down on the use of untraceable firearms by criminals.

“Because of California’s commitment to meaningful gun safety laws, the state has one of the lowest firearm injury death rates in the country,” the spokesperson noted.

The ruling is stayed for 30 days, pending California Attorney General  Rob Bonta’s appeal.

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California

9th Circuit Court of Appeals blocks lower court overturn of assault rifle ban

Benitez ruled that California’s three-decade-old ban on assault weapons violates the Second Amendment to the U.S. Constitution.

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SAN FRANCISCO – In a ruling issued Monday, a three-judge panel of the U.S. 9th Circuit Court of Appeals issued a stay of U.S. District Judge Roger Benitez’s controversial decision to overturn California’s assault weapons ban on June 4. The ruling will be on hold until the 9th Circuit court decides on a separate gun control case.

Benitez ruled that California’s three-decade-old ban on assault weapons violates the Second Amendment to the U.S. Constitution. The state had first crafted the ban in 1989 and in the intervening thirty-two years lawmakers in Sacramento had repeatedly amended the law.

Benitez overturned the ban and likened an AR-15 semiautomatic gun to a Swiss army knife, calling it “good for both home and battle.” California Governor Gavin Newsom took exception to the comparative made by Judge Benitez remarking at the time;

“Today’s decision is a direct threat to public safety and the lives of innocent Californians, period. As the son of a judge, I grew up with deep respect for the judicial process and the importance of a judge’s ability to make impartial fact-based rulings, but the fact that this judge compared the AR-15 – a weapon of war that’s used on the battlefield – to a Swiss Army Knife completely undermines the credibility of this decision and is a slap in the face to the families who’ve lost loved ones to this weapon. We’re not backing down from this fight, and we’ll continue pushing for common sense gun laws that will save lives.”

The Roberti-Roos Assault Weapons Control Act of 1989 (AWCA) is a California law that bans the ownership and transfer of over 50 specific brands and models of semi-automatic firearms, which were classified as assault weapons. Most were rifles, but some were pistols and shotguns.

The case, Miller v. Bonta (previously Miller v. Becerra) had been brought by the  Firearms Policy Coalition, (FPC) which in 2019, developed and filed the suit as a federal Second Amendment challenge to California’s Assault Weapons Control Act (AWCA). The FPC argued that the State’s ban prohibits arms that are constitutionally protected, no more lethal than other certain arms that are not banned, and commonly possessed and used for lawful purposes in the vast majority of the United States.

California Attorney General Rob Bonta had appealed Benitez’s ruling. On Monday he said in a tweet; “This leaves our assault weapons laws in effect while appellate proceedings continue. We won’t stop defending these life-saving laws.”

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California

Newsom ushers in state’s full reopening at Universal Studios Hollywood

California was one of the only states to achieve a week-over-week increase rate of vaccinations, most recently with a 22% increase

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Governor Gavin Newsom ushers in state's reopening at Universal Studios (Photo Credit: Office of the Governor of California)

STUDIO CITY – As California moved to fully reopen the economy Tuesday, California Governor Gavin Newsom welcomed the milestone at Universal Studios Hollywood, where he highlighted the attractions Californians can look forward to revisiting this summer.

Starting today, June 15, the restrictions that have been in place over the past year will be eliminated, including physical distancing, capacity limits, county tier systems and masks in almost all settings for vaccinated Californians.  The Golden State was one of the only states in the country to achieve a week-over-week increase in the rate of vaccinations, most recently with a 22 percent increase in vaccinations.

“Today, we celebrate the incredible strength and resilience of Californians – from our heroic health care workers to essential workers across the board to everyday Californians from all walks of life – who have supported each other through hardship and heartache over the past year, making sacrifices to save countless lives and enable us to turn the page on this pandemic,” said Newsom. “As we look ahead to better days, we will continue to look out for one another, redoubling our support to those hit hardest by the pandemic and making unprecedented investments to address California’s most persistent challenges, so that the entire state comes roaring back together.”

Newsom also selected 10 lucky Californians to receive $1.5 million each – for a total of $15 million – as part of the final cash prize drawing in the state’s Vax for the Win program. 30 prior winners won a total of $1,500,000.

Tuesday’s selection of 10 $1.5 million winners caps off the cash prize giveaways as part of the $116.5 million Vax for the Win program – the largest vaccine incentive program in the nation. The program previously selected 30 winners to receive $50,000 each, for a total of $1,500,000. In addition, the program is providing $100 million in $50 prepaid or grocery cards for newly vaccinated people, while supplies last. Governor Newsom also highlighted the upcoming California Dream Vacations, a new Vax for the Win incentive in which vaccinated Californians have the chance to win one of six in-state vacation packages in a drawing on July 1.

In a press release, the Governor’s office touted his administration’s accomplishments that had been spread out over the duration of the pandemic in the past 15 months.

  • California is forecasted to outpace the country’s economic recovery, ranked as the No. 1 U.S. economy for “expanding GDP, raising household income, investing in innovation,” and more.
  • California is creating more jobs than any other state for three months in a row, adding 385,000 jobs; in April alone, California created 38 percent of the nation’s jobs.
  • The state consistently has amongst the lowest case rates and transmission rates in the nation, and hospitalizations dipped to the lowest point since March 2020.
  • More than 40 million vaccinations have been administered in California, surpassing the next closest state by 16 million, with over 70 percent of adults having at least one shot. 

The Los Angeles County Department of Public Health noted that at the peak of the pandemic the County was losing 277 residents a day. Hospitals were under enormous strain, with more than 8,000 people hospitalized with COVID-19 and there were more than 15,000 new cases diagnosed each day.

L.A. County is in a better place than any other metro area of similar size in the entire nation. Each day, on average, only 1.5 cases per 100,000 people are diagnosed in L.A. County, compared with 2.8 cases in the same population in the New York City metro area, 2.9 cases in Chicago, 3.5 cases in Atlanta, 5.3 cases in Houston, and 9.1 cases in Miami. Only 0.4% of COVID-19 tests in L.A. County are positive, compared with 0.8% in New York, 1.3% in Chicago, 1.7% in Atlanta, 3.3% in Houston, and 3.7% in Miami.

Over the past six months, the tremendous effort to get the vaccine into the arms of residents has gotten the County to a place where as of June 11, more than 5,490,637 (66%) of eligible L.A. County residents have received one dose of the vaccine and 4,668,783 (56%) are fully vaccinated.

“After 16 months of enormous upheaval and loss, we can now move forward with a genuine sense of hope. We can and should feel joy while recognizing and honoring the immense collective effort that brought us to the point where we can fully reopen. We remain committed to protecting your health and to closing gaps in health outcomes associated with COVID-19.,”said Barbara Ferrer, Director of Public Health.

“Case counts and transmission are low because of our shared efforts to implement a layered approach to preventing transmission.  As we reopen, we are mindful that for those not yet vaccinated, protection is highly dependent on our continued actions to take care of each other. Sensible protections for our essential workforce will be instrumental in keeping transmission of COVID-19 in check,” she added.

Unvaccinated people need to remain very careful and wear masks when they are around people outside their household, and if in close contact with others, including at worksites, they should consider upgrading their masks to a respirator, such as an N95, or a KN95.  These masks do a much better job protecting the wearer from other people’s germs, a spokesperson for Public Health said.

Public Health continues to urge unvaccinated people to get vaccinated. Through Thursday, June 17 at County-run vaccination sites, participating LA city and mobile sites, and St. John’s Well Child and Family Center sites, everyone 18 and older coming to get their first vaccine or who brings a first-time vaccine recipient with them to their second dose appointment, will have an opportunity to win a pair of season tickets to the 2021-2022 home season of the Clippers, the Rams, or the Chargers. Official rules and participating site locations are posted online on the Los Angeles County Vaccination Sweepstakes page.  Winners will be contacted by phone and/or email.

To find a vaccination site near you, to make an appointment at vaccination sites, and much more, visit: www.VaccinateLACounty.com (English) and www.VacunateLosAngeles.com (Spanish). If you don’t have internet access, can’t use a computer, or you’re over 65, you can call 1-833-540-0473 for help finding an appointment, connecting to free transportation to and from a vaccination site, or scheduling a home-visit if you are homebound.  Vaccinations are always free and open to eligible residents and workers regardless of immigration status.

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California

Newsom signs orders to roll back coronavirus restrictions next Tuesday

The Governor’s Office established a timeline to continue winding down the various provisions of the 58 COVID-related executive orders.

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Governor Gavin Newsom (Photo Credit: Office of the Governor of California)

SACRAMENTO – Effective June 15, restrictions such as physical distancing, capacity limits and the county tier system will end as Governor Gavin Newsom signed a series of executive orders Friday marking a return to normalcy after nearly 15 months of the ongoing battle to protect the state’s residents from the ravages of the coronavirus pandemic.  Additionally, those Californians who are fully vaccinated won’t be required to wear a mask — including indoors.

Newsom’s actions also include terminating the Stay-at-Home Order that was implemented early in the pandemic to protect Californians and retiring the Blueprint for a Safer Economy.

“California is turning the page on this pandemic, thanks to swift action by the state and the work of Californians who followed public health guidelines and got vaccinated to protect themselves and their communities,” said Newsom. “With nearly 40 million vaccines administered and among the lowest case rates in the nation, we are lifting the orders that impact Californians on a day-to-day basis while remaining vigilant to protect public health and safety as the pandemic persists.”

The Governor’s Office today established a timeline and process to continue winding down the various provisions of the 58 COVID-related executive orders, which suspended statutes and regulations to help the state and businesses continue operations during the pandemic.

To ensure that impacted individuals and entities have time to prepare for the changes, the provisions will sunset in phases, beginning later this month, in July and in September. For example, the suspension of certain licensing requirements for manufacturers to produce hand sanitizer will end on June 30, as shortages are no longer a concern. By the end of September, nearly 90 percent of the executive actions taken since March 2020 will have been lifted.

The California Department of Public Health on Friday released a new state public health officer order that goes into effect on June 15. 

Dr. Tomás Aragón, California’s public health officer, issued a new order that, among other things, puts in place new requirements for mask wearing that take effect Tuesday. The new rules say fully vaccinated people don’t have to wear a mask in most places, either indoors our outdoors. But the state is still requiring people who have not been vaccinated to wear a mask in public places.

“We’ve met our metrics, we feel prepared,” Dr. Mark Ghaly, California’s Health and Human Services Agency secretary, told reporters on Friday. “Things in California, from a COVID transmission perspective, are going reasonably well.”

These actions supports the full and safe reopening of the state, while maintaining focused public health requirements that address the risk posed by variants as some regions across the nation and world continue to experience high levels of transmission, Ghaly noted.

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