SACRAMENTO, Calif. (AP) — A federal judge has overturned California’s three-decade-old ban on assault weapons, ruling that it violates the constitutional right to bear arms.

U.S. District Judge Roger Benitez of San Diego (a Bush appointee) ruled Friday that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states.

“The banned ‘assault weapons’ are not bazookas, howitzers, or machine guns. Those arms are dangerous and solely useful for military purposes. Instead, the firearms deemed ‘assault weapons’ are fairly ordinary, popular, modern rifles. This is an average case about average guns used in average ways for average purposes,” Benitez continued. – Business Insider

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

California’s attorney general argued that assault weapons as defined by the law are more dangerous than other firearms and are disproportionately used in crimes and mass shootings. But Benitez said the guns are overwhelmingly owned for legal purposes.

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