San Diegans File Lawsuit Against California’s War on the Second Amendment

San Diego residents have had enough with the plethora of gun restrictions from the California government. Specifically, James Miller, Patrick Russ, and Ryan Peterson have filed a federal lawsuit claiming that California is infringing on their Second Amendment rights on the basis of a faulty definition.

In this specific scenario, the firearms being fought for are assault weapons. However, the problem lies in California’s usage and definition of “assault weapon.” The state is classifying certain firearms—which are protected under the Second Amendment—as assault weapons, which places them under the discretion of California’s ban.

Moreover, the trio expressed in the lawsuit that the term “assault weapon” is a politically created term, which intrinsically gives a negative connotation to any firearm and helps further the unlawful restriction against guns. For example, they referenced how California unconstitutionally put certain firearms under the ban due to the amount of ammunition the firearm could hold. Finally, they have expressed how the justifications are simply irrational and completely undermine Second Amendment rights.

The attorney of the case, John Dillon, commented on how California will not last long in the case due to the clear and direct writing of the Constitution. According to Dillon, the ban is a blatant violation of the Second Amendment and will not withstand the legal evidence his case presents.

Interestingly enough, this case is not Dillon’s first with regard to Second Amendment rights. Dillon is also the attorney for another lawsuit regarding the gun ban that California implemented for citizens under 21 years old. He argues that this ban is not only unconstitutional, but discriminatory. How far will California Democrats go to prevent law-abiding citizens from protecting themselves and their families?


Photo by Mitch Barrie via Flickr