(continued)
In a nutshell, the assault weapon laws devised in 1989 and expanded in 1999 are bans on the
ownership of firearms. Yet the court, caught up in the details of who has authority under the law
to expand it, failed to see the "forest for the trees."
The Dissenting Opinion
Even more disturbing was the dissenting opinion by Judge C.J. George who said in his opinion:
"By today’s decision, the majority eviscerates a key provision of California’s Assault
Weapons Control Act (AWCA) that is directed at a type of assault weapon commonly used by
drug dealers and gang members, the “AK series” semiautomatic rifle." Judge George is
obviously a politician in training who knows nothing other than what he sees on ABC, CBS and
NBC. What the ruling "eviscerates" are honest citizens inadvertently committing a crime. He
disagreed that the Attorney General is required to initiate judicial proceedings to have firearms
added to the list. Judge George believes that anyone arrested for owning a semi-automatic rifle
and charged with an illegal weapons charge by an over zealous district attorney, who probably
doesn't know the butt from the barrel-end of a rifle, is a felon simply because a judge in a
criminal proceeding decides that his firearm is an assault weapon. With Judges working at lower
court levels with the mindset of California Supreme Court Judge C.J. George, be thankful the
majority ruled against Judge George. That's about the only good thing that came out of this
ruling. It's judicial activists like Judge George who would throw honest citizens at the mercy of
interpreting the intent of the legislature. Good god, half the people in the legislature don't have a
clue what they're doing. How would a mere citizen figure it out? If they guess right, they walk.
If they guess wrong, it's a felony charge. Double yikes! Judges like George should be removed
from the bench.
The Same Tired Old Conclusion
It seems the California court system has 'successfully' ruled on another gun law case. It was not
based on whether the law is a firearm ban and unconstitutional, but how the government will
carry out the ban on firearms ownership.