U.S. District Judge Roger T. Benitez
A gun owner himself, Benitez has made rulings that have taken aim at California’s decades-old attempts by lawmakers and voters to toughen gun laws. He deemed the state’s assault-weapon ban — signed into law in 1989 by Republican Gov. George Deukmejian — a “failed experiment.”
California’s assault-weapon ban violates the 2nd Amendment in part because militias could be forced to settle for “less than ideal” weapons rather than the “ideal” AR-15 rifle, Benitez wrote. (“That may not be a severe burden today when the need for the militia is improbable,” he wrote. “One could say the same thing about the improbable need for insurance policies.”)
“That was a new and deeply disturbing line of thinking,” said Ari Freilich, the California policy director for the Giffords Law Center. Benitez, he said, seemed to suggest that the 2nd Amendment protects the right of “average people in a civilian militia to make war against their government.”
“If we take that seriously, then there’s no limiting principle on the types of firearms that people should be allowed to possess, including tanks, anti-aircraft missiles and machine guns,” Freilich said.
New, he says. Perhaps he could go back in time a bit and recall what the founders did to King George. And then ponder the fact that the very second amendment he’s calling unserious was written by men who had just made war on their government.

