Gun-Friendly California Judge Scores Another 2A Case, Everytown Livid

Could this judge overturn California’s ban on “assault weapons”? Gun control groups are worried.

Gun-control groups are crying foul as a judge in California is set to rule on the state’s “assault weapon” ban after already ruling against the state’s magazine ban and its background check requirement to purchase ammunition.

Judge Roger T. Benitez of the U.S. District Court for the Southern District of California began hearings today for a case challenging California’s ban on so-called “assault weapons.” Benitez has issued pro-gun rulings in two cases in the last two years, and he’s set to rule on another case involving batons, billy clubs, and blackjacks.

Gun-control groups have taken to the media to decry Benitez’s history of pro-gun rulings.

“They struck gold with this one judge,” Ari Freilich, state policy director for the Giffords Law Center, told the San Diego Union-Tribune.

SEE ALSO: Federal Judge Rules California Ammo Background Check Law Unconstitutional

Freilich takes issue with a legal term known as the “related-case rule,” which allows judges to take similar cases to those on which they’ve ruled before. This rule governs courts throughout the country, but the gun-control advocate argues that San Diego’s court doesn’t allow anyone to challenge which judge will hear a particular case.

“The purpose of the rule is for judges engaged in complex cases really drilling into the issues, and not having to reinvent the wheel on a really similar case,” Freilich said. “This has been taken to an illogical extreme now when one judge is ruling on everything touching upon gun violence in the state of California.”

Everytown’s Eric Tirschwell also complained to the Union-Tribune about Benitez’s rulings.

“(Benitez) reads the Second Amendment more broadly than just about any other court in the country,” Tirschwell said. “And he regularly adopts the language and tone of the gun lobby. His decision on Second Amendment issues often read more like what an advocate would write and not what would you expect from a neutral dispassionate judge.”

President of the California Rifle & Pistol Association C.D. Michel dismissed the gun-ban lobby’s claims as nothing more than sour grapes.

SEE ALSO: NSSF: Gun Control Foes Don’t Fear Judge Amy Coney Barrett. They Fear the Law

“Gun ban advocacy groups and the billionaires who support them prefer biased judges who will bend over backwards intellectually to twist those rulings to uphold any gun ban law no matter how useless or extreme,” Michel responded in the Union-Tribune.

He also pointed out that pro-gun groups have cases in a variety of jurisdictions all across the country.

Benitez’s ruling could have both short and long-term implications. Magazines flooded California in the hours following his previous ruling against the state’s mag ban – until the state appealed and an injunction was granted. A ruling against the state’s web of regulations banning “assault weapons” could have a similar effect.

In addition, Benitez’s pro-gun rulings provide an important counterpoint to anti-gun rulings from other federal courts and could play an important role in the gun cases that many experts believe will be coming up before the Supreme Court.

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About the author: Jordan Michaels has been reviewing firearm-related products for over four years and enjoying them for much longer. With family in Canada, he’s seen first hand how quickly the right to self-defense can be stripped from law-abiding citizens. He escaped that statist paradise at a young age, married a sixth-generation Texan, and currently lives in Waco. Follow him on Instagram @bornforgoodluck and email him at

{ 17 comments… add one }
  • MJK October 30, 2020, 11:18 am

    “And he regularly adopts the language and tone of the gun lobby. His decision on Second Amendment issues often read more like what an advocate would write and not what would you expect from a neutral dispassionate judge.”

    SOUNDS LIKE the Socialist LEFT doesn’t agree because they can’t go to their judge that is in their pocket when it comes to anything PRO AMERICAN, PRO CONSTITUTION, PRO 2ND AMMENDMENT!!!!!!

  • Ej harbet October 26, 2020, 6:03 pm

    I vote they dub him the awesome rbC! Roger Benitez CONSTITUTIONALIST!

  • Earl Haehl October 26, 2020, 8:17 am

    Back in 1972, I was sworn into the Kansas bar by Harold Fatzer and into the Federal Bar by Judge Henry George Templar. In both cerenonies I was sworn to uphold and defend the Constitution of the United States–just saying.

  • sfvshooter October 23, 2020, 1:01 pm

    He’s been dubbed “Saint Benitez” because he’s the patron saint of CA firearm owners.

    • Leonard Van Neste October 26, 2020, 10:32 pm

      Wah-wah-wah. The left hates it when you use there own tactics against them successfully. They are sore losers and cry babies when they lose. They really hate when they have stacked the deck and still lose. For decades now they have run rough shod over this state. They are not as big a majority as they think they are, glad to see it demonstrated that they are wrong g about so many issues.

  • DAVID INGRAM October 23, 2020, 9:26 am

    This “judge shopping”, liberal/conservative tags, and even Constitutional labels on judges implies that our judicial branch is totally corrupt and is an insult to those that we elevate to that position and trust with that responsibility.

    • Fal Phil October 26, 2020, 8:37 am

      Best post in this thread. And truer words have not been spoken.

  • Boss October 23, 2020, 8:30 am

    Oorah, St Benitez is bringing the 2A back to California. Maby the Californians will learn to vote for other than far lefties.

    • John October 23, 2020, 10:11 am

      Nah, they will just double down on the insanity…

    • Brandon October 23, 2020, 10:29 am

      You act like all the gun owners got together and said, “It’d be a good idea to vote for unconstitutional politicians.” That’s not the case and it’s bothersome that people like you believe that. Believe it or not there is extremely conservative people in California that pull straight R every election, they are just out numbered by the left.
      The jacked up thing is the left says the same stupid stuff about places like Kentucky, like there’s not a single hard left democrat in that state.

      • CGA October 23, 2020, 2:26 pm

        When you said we conservatives were outnumbered by the LIEberals, you forgot to include all the ILLEGAL ALIENS and dead people they let vote as well. Makes you wonder why the number of votes received last election outnumbered ALL the REGISTERED voters in the state. Can’t wait for the State of NEW CALIFORNIA to be established. Then all the LIEberals can have their coastal cities and the eastern half of Commiefornia will become New California. NO MORE NEWSOM. We’ll kick him out of El Dorado Hills where he is planning to build a new house because he is too good to live in the Governor’s Mansion. I guess he doesn’t want to see all the homeless people that stay in that area.

      • Boss October 26, 2020, 2:21 pm

        Too bad you saw it that way. I was kinda looking for the rest of the people to vote for other than far lefties. After all we are pretty sure the gun guys will vote for other than far lefties!

  • Kc October 23, 2020, 7:51 am

    So now liberals discover that government isn’t their exclusive plaything and you can’t always shop for judges. Hoping for a blowout in November and awaiting more screaming at the sky.

    • saran wrappe October 23, 2020, 10:32 am

      Well said sir! More crying adults on the news when they don’t get their way. Popcorn time.

  • Altoids October 23, 2020, 7:02 am

    “(Benitez) reads the Second Amendment more broadly than just about any other court in the country,” Tirschwell said.

    Well, how do you read it any other way than what it clearly states?

  • Dr Motown October 23, 2020, 6:48 am

    Anti-gunners and leftists are experts on “judge shopping”…..and now they’re complaining about this? 😂😂😂

    • saran wrappe October 23, 2020, 10:34 am

      No different than ballot harvesting. I love when the left has their crap played back. Such good theatre.

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