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SACRAMENTO, Calif. -- Governor Gavin Newsom will announce action today after a federal judge overturned California's three-decade-old ban on assault weapons.

Last week a federal judge ruled that California's ban on assault weapons violates the constitutional right to bear arms.

Watch Governor Newsom's news conference in the media player above at 10 a.

m.

U.S. District Judge Roger Benitez of San Diego ruled that the state's definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court.

"Under no level of heightened scrutiny can the law survive," Benitez said. He issued a permanent injunction against enforcement of the law but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal.

Gov. Gavin Newsom condemned the decision, calling it "a direct threat to public safety and the lives of innocent Californians, period."

In his 94-page ruling, the judge spoke favorably of modern weapons, said they were overwhelmingly used for legal reasons.

"Like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle," the judge said in his ruling's introduction.

That comparison "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," Newsom said in a statement. "We're not backing down from this fight, and we'll continue pushing for common sense gun laws that will save lives."

Bonta called the ruling flawed and said it will be appealed.

California first restricted assault weapons in 1989, with multiple updates to the law since then.

Assault weapons as defined by the law are more dangerous than other firearms and are disproportionately used in crimes, mass shootings and against law enforcement, with more resulting casualties, the state attorney general's office argued, and barring them "furthers the state's important public safety interests."

Further, a surge in sales of more than 1.16 million other types of pistols, rifles and shotguns in the last year - more than a third of them to likely first-time buyers - show that the assault weapons ban "has not prevented law-abiding citizens in the state from acquiring a range of firearms for lawful purposes, including self-defense," the state contended in a court filing in March.

Similar assault weapon restrictions have previously been upheld by six other federal district and appeals courts, the state argued. Overturning the ban would allow not only assault rifles, but things like assault shotguns and assault pistols, state officials said.

But Benitez disagreed.

"This case is not about extraordinary weapons lying at the outer limits of Second Amendment protection. The banned 'assault weapons' are not bazookas, howitzers, or machine guns. Those arms are dangerous and solely useful for military purposes," his ruling said.

Despite California's ban, there currently are an estimated 185,569 assault weapons registered with the state, the judge said.

"This is an average case about average guns used in average ways for average purposes," the ruling said. "One is to be forgiven if one is persuaded by news media and others that the nation is awash with murderous AR-15 assault rifles. The facts, however, do not support this hyperbole, and facts matter."

"In California, murder by knife occurs seven times more often than murder by rifle," he added.

In a preliminary ruling in September, Benitez said California's complicated legal definition of assault weapons can ensnare otherwise law-abiding gun owners with criminal penalties that among other things can strip them of their Second Amendment right to own firearms.

"The burden on the core Second Amendment right, if any, is minimal," the state argued, because the weapons can still be used - just not with the modifications that turn them into assault weapons. Modifications like a shorter barrel or collapsible stock make them more concealable, state officials said, while things like a pistol grip or thumbhole grip make them more lethal by improving their accuracy as they are fired rapidly.

The lawsuit filed by the San Diego County Gun Owners Political Action Committee, California Gun Rights Foundation, Second Amendment Foundation and Firearms Policy Coalition is among several by gun advocacy groups challenging California's firearms laws, which are among the strictest in the nation.

The lawsuit filed in August 2019 followed a series of deadly mass shootings nationwide involving military-style rifles.

It was filed on behalf of gun owners who want to use high-capacity magazines in their legal rifles or pistols, but said they can't because doing so would turn them into illegal assault weapons under California law. Unlike military weapons, the semi-automatic rifles fire one bullet each time the trigger is pulled, and the plaintiffs say they are legal in 41 states.

The lawsuit said California is "one of only a small handful states to ban many of the most popular semiautomatic firearms in the nation because they possess one or more common characteristics, such as pistol grips and threaded barrels," frequently but not exclusively along with detachable ammunition magazines.

The state is appealing Benitez's 2017 ruling against the state's nearly two-decade-old ban on the sales and purchases of magazines holding more than 10 bullets. That decision triggered a weeklong buying spree before the judge halted sales during the appeal. It was upheld in August by a three-judge appellate panel, but the 9th U.S. Circuit Court of Appeals said in March that an 11-member panel will rehear the case.

The state also is appealing Benitez's decision in April 2020 blocking a 2019 California law requiring background checks for anyone buying ammunition.

Both of those measures were championed by Newsom when he was lieutenant governor, and they were backed by voters in a 2016 ballot measure.

News Source: abc7news.com

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Ammon Bundy Announces Run for Idaho Governor

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Ammon Bundy announces run for Idaho governor

(CNN)Ammon Bundy, the rancher who captured national attention when he led an armed occupation of federal land in Oregon, has announced his run for governor of Idaho.

"I'm running for governor because I'm sick and tired of all of this political garbage just like you are," Bundy said in a video announcing his campaign on Saturday. "I'm tired of our freedoms being taken from us and I'm tired of the corruption that is rampant in our state government."He added: "We have a great opportunity in Idaho to not only preserve our rights and freedom, but we can thrive by expanding and upholding the principles of liberty and prosperity that were passed on to us by our Founding Fathers and enshrined in our state and US Constitution."
    Bundy officially enters a race that already includes Janice McGeachin, the state's lieutenant governor who has repeatedly and publicly clashed with Idaho GOP Gov. Brad Little over the state's response to the coronavirus pandemic. Little -- along with Republicans Jeff Cotton, Chris Hammond, Edward Humphreys, Lisa Marie and Cody Usabel -- has filed paperwork necessary to launch a bid in the governor's race, which is rated "Solid Republican" by the Cook Political Report.
      Late last month, Little rescinded an executive order banning mask mandates by state entities that McGeachin had issued just a day before while he was out of state. The governor, blasting the move as an "irresponsible, self-serving political stunt," said at the time that "the action that took place while I was traveling this week is not gubernatorial." Read MoreBundy's campaign site also includes criticisms of Little's handling of the pandemic, as well as what he claims are accusations and mischaracterizations against him.Bundy drew national headlines in 2016 when he led an armed occupation of the Malheur Wildlife Refuge in Oregon that lasted 41 days and ended in an intense standoff with police that left one dead. Bundy and 15 others were indicted by a federal grand jury. He was later acquitted.More recently, he was placed under an order to stay away from the Idaho Statehouse after refusing to leave the building during a protest last year, when he and others were at the state Capitol demanding an end to the state of emergency. He was charged with trespassing and resisting arrest. He then missed his trial date in March after being denied entry to the Ada County Courthouse because he refused to wear a mask.
        Bundy's gubernatorial efforts hit a roadblock last month when he filed to run. According to the Idaho Secretary of State's Office, a political treasurer must be registered to vote in the state. Bundy -- who listed himself as his own campaign treasurer -- was not listed on Idaho voter rolls, according to state records.The Idaho gubernatorial primary is set for next year.

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