90 Miles From Tyranny

Saturday, June 5, 2021

Federal Judge Overturns California’s 32-Year Assault Weapons Ban

The judge said the ban was a “failed experiment.” California’s governor called the ruling “a direct threat to public safety.”

A federal judge in California on Friday overturned the state’s three-decade-old ban on assault weapons, which he called a “failed experiment,” prompting a sharp retort from the state’s governor.

California prohibited the sale of assault weapons in 1989. The law was challenged in a suit filed in 2019 against the state’s attorney general by plaintiffs including James Miller, a California resident, and the San Diego County Gun Owners, a political action committee.

The judge, Roger T. Benitez of the U.S. District Court for the Southern District of California, wrote that sections of the state’s penal code that defined assault weapons and restricted their use were “hereby declared unconstitutional and shall be enjoined.”

But the judge said he had granted a 30-day stay of the ruling at the request of Attorney General Rob Bonta, a move that would allow Mr. Bonta to appeal it.

Judge Benitez wrote that the case was about “what should be a muscular constitutional right and whether a state can force a gun policy choice that impinges on that right with a 30-year-old failed experiment.”

“It should be an easy question and answer,” Judge Benitez, who was nominated by former President George W. Bush, continued. “Government is not free to impose its own new policy choices on American citizens where constitutional rights are concerned.”

The judge wrote that the firearms banned under the state’s law were not “bazookas, howitzers or machine guns,” but rather “fairly ordinary, popular, modern rifles.”

In a statement late Friday, Gov. Gavin Newsom called the ruling “a direct threat to public safety and the lives of innocent Californians.”

Mr. Newsom also criticized the opening lines of Judge Benitez’s decision, in which he wrote that, like a Swiss Army knife, the AR-15 assault rifle “is a perfect combination of home defense weapon and...

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Commercial Ammo: The Untold History of Springfield Armory and America’s Munitions Factories

To understand how American citizens today can get their hands on ammo, which rolls off the same factory lines as those that supply the world’s largest militaries, it’s important to first understand how munitions technology developed. Starting in medieval Europe, on a battlefield where a mounted knight in armor could defeat almost any number of peasants, the development of more advanced and accurate ways to destroy enemy personnel and equipment by launching a projectile is one which combines trial and error, scientific ingenuity, and private enterprise. It’s a story of power and technology dating back to the 13th century, at the height of “the divine right of kings,” and tracks the subsequent diffusion of that power held by a chosen few as the individual became capable of breaking the state’s monopoly on violence.

The first recorded use of gunpowder appeared in Europe in 1247, although China had used gunpowder for centuries before that, mostly for fireworks. The cannon appeared nearly 100 years later in 1327, with a hand-sized version making its debut in 1364. The first ordnances were made of stone, and while it might have been theoretically possible for anyone to own one, this would have been outside the financial reach of anyone but the nobility.

Stone was quickly discarded as a source of materiel for one simple reason: It wasn’t effective against stone fortifications. Thus did the first ever arms race begin, as medieval armies sought ways to fire heavier and heavier projectiles. The first recorded example of a metal ball being fired from a hand cannon came in 1425, with the invention of the hand culverin and matchlock arquebus, which led to lead balls becoming the gold standard for projectiles. This is where we get the term “bullet” – boulette is French for “little ball.”

Ammunition remained largely the same for centuries: Little balls of metal virtually anyone could make. This was true until the invention of rifling in the mid-19th century. Even this invention was, at first, not terribly useful for military purposes. Not only did the barrels quickly become useless, but the barrels often could not be fitted with a bayonet. This made early rifles impractical for military use and mostly a bit of a toy. Not until the advent of progressive rifling (which came, depending on one’s point of view, fortuitously or not, in the middle of the U.S. Civil War), did rifles become practical for military, and also widespread civilian purposes.

Copper jacketed bullets arrived in 1882, but since then the development of both military and commercial ammo has largely been about degrees rather than revolutionary innovations like rifling. The same basic design for cartridges has been in place since the late 19th Century.

Advancing technology was likely a driver in the move toward ammunition produced for commercial purposes, rather than simply military use. While in the past, it was common to simply make lead balls in front of the fire as a family after dinner, making a modern rifle cartridge is far beyond the means of most people. Further, it requires safety procedures above and beyond simply molding lead balls.

What Is the Difference Between Civilian and Military Ammunition?

For the most part, the distinction between civilian and military ammunition is largely down to marketing. However, there are some important differences between civilian and military (often known as “milspec”) including: