BREAKING! Judge Benitez rules CA AWB unconstitutional


SAN DIEGO, CA (June 4, 2021) — Today, Firearms Policy Coalition (FPC) announced that Judge Roger T. Benitez of the Southern District of California has issued an opinion in Miller v. Bonta (previously Miller v. Becerra), holding that California’s tyrannical ban on so-called “assault weapons” is unconstitutional under the Second Amendment. The opinion, along with other filings in this case, can be viewed at

In 2019, FPC developed and filed Miller v. Becerra, a federal Second Amendment challenge to California’s Assault Weapons Control Act (AWCA) ban on common semiautomatic arms with certain characteristics, including those with ammunition magazines that can hold more than 10 rounds. Throughout the lawsuit, 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.


  1. California has Benitez and New York has Jed Rakoff.
    Jurists I respect, there are few.
    And as a lifelong Californian, Whew.
    Thank you Judge Benitez.

  2. Whoa! It came with an injunction! LE agencies in CA are enjoined from enforcing the law, at least for tonight.

    Tom, better go pick up your AR and your AK that have been waiting for you at your FFL since 1994.

  3. It still has to go through at least 2 layers if the 9th circus before we really see. Light at the end of the tunnel.

    I garontee that they will fight this one to the bitter end.


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