Activism

California Pushes Back on Judge’s Decision to Outlaw State’s Ban on Assault Weapons

According to Statista Research Department, California had a total of 22 mass shootings between 1982 and 2021.

Published

3 years ago

June 17, 2021

Isabelle Price

assault rifle courtesy sctimes

California Gov. Gavin Newsom and Attorney General Rob Bonta announced last week that the state has appealed a federal court’s decision that declared California’s ban on assault weapons unconstitutional.

Several state officials, including San Francisco Mayor London Breed, also shared their disagreement with the court’s ruling during a press conference held at the Zuckerberg San Francisco General Hospital. The state partnered with a number of gun control advocate groups for the event, including the Brady Center to Prevent Gun Violence and the Giffords Law Center.

“We can agree that the decision was disappointing,” said Bonta. “In many ways, the opinion was disturbing and troubling and a big concern, but we cannot be, and we are not, deterred by this,” he said.

Federal Judge Roger Thomas Benitez presided over the decision in Miller v. Bonta. The case was heard at the United States District Court for the Southern District of California.

Bonta said his office has appealed the decision, requesting that the U.S. Court of Appeals for the Ninth Circuit leave the current laws in effect for 30 days.

California’s gun laws are some of the strictest in the nation under the Roberti–Roos Assault Weapons Control Act of 1989 (AWCA) which bans the use of specific models of firearms classified as assault weapons.

In the pending court case Miller v. Bonta, James Miller, a lawyer who serves as a board member of the San Diego County Gun Owners, advocated for the use of the AR-15 rifle. However, the semiautomatic rifle with certain features is an illegal assault weapon according to California gun laws.

Miller argued that AR-15 rifles can be used for self-defense under the second amendment. Miller, who also serves on the Cajon Valley School Board, initially challenged former Attorney General Xavier Becerra on California’s criminalization of AR-15 rifles in April this year.

The ongoing case, which Bonta inherited, sparked heated debates about gun laws in the wake of increasing gun violence and mass shootings.

Breed recalled her personal experience with gun violence growing up in the Bay Area.

“We’re here at San Francisco General Hospital. I can’t tell you how many times I’ve been here after a friend that I grew up with was shot,” she said.

Breed was joined by Mattie Scott who lost her son to gun violence. The mayor grew up with Scott’s son who was killed in 1996 at a graduation party in San Francisco.

“We don’t want to see another person, another child lost to gun violence in this city in this state in this country,” said Breed.

“We’ve had a law on the books in the state for over 30 years, and a judge decides that our law is no longer constitutional. That law has saved countless numbers of lives,” she said.

According to Statista Research Department, California had a total of 22 mass shootings between 1982 and 2021. In the court decision, Benitez compared the effectiveness of an AR-15 rifle to a Swiss Army Knife. Based on the federal court’s ruling, the semiautomatic machine gun is, “Good for both home and battle,” said Benitez.

“Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment,” the federal judge said in favor of Miller.

Although the murder of Scott’s son remains unsolved, she is an avid activist for social justice related to gun violence.

“The judge who issued this decision is wrong,” said Scott. “It is insulting to read his decision when he called the kind of weapon that killed my son akin to a pocketknife,” she said.

“Pocket knives don’t tear families apart. They don’t shoot up schools, churches, movie theaters, and street corners,” she said in reference to the recent mass shootings across the country.

Contrary Benitez’s belief that AR-15 rifles can be compared to pocket knives, trauma surgeon Dr. Andre Campbell said that the semiautomatic rifle is a lethal assault weapon designed for the battlefield.

“An AR-15 is a weapon of mass destruction. It is used in the battlefield to kill the enemy. It’s a gun that is used in warfare and should not be available or used in the streets of the United States,” said Campbell.

Campbell has treated many bullet wounds on the frontlines of trauma care for more than two decades and has witnessed the devastation a single bullet can cause to the human body.

“It is as if a bomb went off in the tissues of patients,” said Campbell describing the impact of an AR-15 bullet in patients he’s treated over the years.

Giffords Law Center Executive Director Robyn Thomas said that the federal judge’s decision to give civilians access to military-grade weapons sets California’s gun laws back by 32 years.

“The decision is not based on the correct interpretation of the law,” said Thomas. “The comprehensive gun regulation which we have pioneered here in the state is protecting the lives of Californians. It is making us safer,” she said.

In its budget for 2021-22, the state has allocated $200 million for the California Violence Intervention and Prevention Grant Program. The investment was set up to prevent gun violence in high-risk communities statewide.

“Folks that wax on about public safety and (then) they sit back passively and say nothing about this outrageous decision. Shame on them. What frauds,” said Newsom.

The governor urged lawmakers to evaluate the absurdity of the court’s decision to justify the personal use of a rifle that is, “nothing more than a weapon of war,” he said.

The governor said that gun control has always been a bipartisan issue that helped California lawmakers enact, “progressive and aggressive,” gun safety laws that regulated the people’s right to bear arms for over three decades.

Isabelle Price

Posts by Isabelle Price

Up Next

NAACP Student Members Can Apply for $15,000 Scholarships Until June 18

Don't Miss

In Colorizing the Characters in ‘Hamilton,’ Playwright Lin-Manuel Miranda Whitewashes History

Isabelle Price

Click to comment

Activism

S.F. Black Leaders Rally to Protest, Discuss ‘Epidemic’ of Racial Slurs Against Black Students in SF Public School System

Parents at the meeting spoke of their children as no longer feeling safe in school because of bullying and discrimination. Parents also said that reported incidents such as racial slurs and intimidation are not dealt with to their satisfaction and feel ignored.

Published

4 hours ago

May 4, 2024

Oakland Post

Rev. Amos C. Brown, president of the San Francisco NAACP and pastor of Third Baptist Church. Photo courtesy Third Baptist Church.

By Carla Thomas

San Francisco’s Third Baptist Church hosted a rally and meeting Sunday to discuss hatred toward African American students of the San Francisco Unified School District (SFUSD).

Rev. Amos C. Brown, president of the San Francisco NAACP and pastor of Third Baptist Church, along with leadership from local civil rights groups, the city’s faith-based community and Black community leadership convened at the church.

“There has been an epidemic of racial slurs and mistreatment of Black children in our public schools in the city,” said Brown. “This will not be tolerated.”

According to civil rights advocate Mattie Scott, students from elementary to high school have reported an extraordinary amount of racial slurs directed at them.

“There is a surge of overt racism in the schools, and our children should not be subjected to this,” said Scott. “Students are in school to learn, develop, and grow, not be hated on,” said Scott. “The parents of the children feel they have not received the support necessary to protect their children.”

Attendees were briefed last Friday in a meeting with SFUSD Superintendent Dr. Matt Wayne.

SFUSD states that their policies protect children and they are not at liberty to publicly discuss the issues to protect the children’s privacy.

Some parents said they have removed their students from school while other parents and community leaders called on the removal of the SFUSD superintendent, the firing of certain school principals and the need for more supportive school board members.

Community advocates discussed boycotting the schools and creating Freedom Schools led by Black leaders and educators, reassuring parents that their child’s wellbeing and education are the highest priority and youth are not to be disrupted by racism or policies that don’t support them.

Virginia Marshall, chair of the San Francisco NAACP’s education committee, offered encouragement to the parents and students in attendance while also announcing an upcoming May 14 school board meeting to demand accountability over their mistreatment.

“I’m urging anyone that cares about our students to pack the May 14 school board meeting,” said Marshall.

This resource was supported in whole or in part by funding provided by the State of California, administered by the California State Library via California Black Media as part of the Stop the Hate Program. The program is supported by partnership with California Department of Social Services and the California Commission on Asian and Pacific Islander American Affairs as part of the Stop the Hate program. To report a hate incident or hate crime and get support, go to CA vs Hate.

Oakland Post

Posts by Oakland Post

Activism

Oakland Ambassadors Strengthen Ties and Aid Efforts in Ghana

Oakland natives and esteemed members of the African American Sports and Entertainment Group (AASEG), Jonathan P. Jones and Dr. Maritony Efua Jones, recently embarked on a significant journey to Ghana as guests of the World Martial Authority Ghana. This trip signifies a crucial opportunity to bolster partnerships, explore new avenues of collaboration, and contribute to impactful initiatives in Ghana.

Published

10 hours ago

May 4, 2024

Oakland Post

Elder Jorg Klebingat, Flint Mensah, Richard Burton, H.E. Dr. Maritony Jones, Amb. Jonathan Jones, Elder S. Gifford Nielsen, Elder Alfred Kyungu. Courtesy photo.

By Post Staff

This trip signifies a crucial opportunity to bolster partnerships, explore new avenues of collaboration, and contribute to impactful initiatives in Ghana.

Upon their arrival at Katota Airport in Accra, Ghana, the Joneses were warmly received by His Royal Majesty Okatakyie Asafo Boakye III, the distinguished king of Sanzule Kingdom in the Eastern Nzema, and Etse Nyamedi of World Martial Authority, Ghana.

Nyamedi accompanied the Joneses to the city of Mepe, which had recently experienced flooding, to assess damages and engage with local leaders, elders, and youth regarding the city’s urgent needs after major floods last fall.

Key concerns and priorities identified by the community include comprehensive flood mitigation measures, agricultural support, housing initiatives, educational enhancements, improved healthcare access, and the development of communal recreational spaces.

The Joneses were also graciously invited to meet with leaders of The Church of Jesus Christ of Latter-day Saints at their headquarters in Accra. This meeting provided insights into ongoing humanitarian efforts in Ghana and explored avenues for collaboration to further assist Ghanaian communities.

The LDS leaders shared their prompt response to the recent flood, demonstrating their commitment to humanitarian aid by dispatching substantial supplies including medical provisions, sanitation items, blankets, and food to assist flood victims just four days after the disaster.

Additionally, Boakye extended a special invitation to the Joneses to his palace, where they were pleasantly surprised with a heartfelt recognition ceremony. Maritony Jones was honored as the Queen Mother of the Sanzule Kingdom in acknowledgment of her dedicated work, while Jonathan Jones was lauded and welcomed as the ambassador of the Sanzule Kingdom, symbolizing a meaningful homecoming to their ancestral land.

The visit not only strengthens ties between Oakland and Ghana but also underscores the collaborative spirit and commitment to meaningful progress and humanitarian endeavors shared by all involved parties.

Oakland Post

Posts by Oakland Post

Activism

Calif. Anti-Sex Trafficking Advocates Discuss Competing Bills, Strategies

Advocates from across California are challenging state officials and community leaders to support legislation that provides resources and services for survivors and victims of human trafficking, as well as assistance as they transition back into civil society.  Some of those advocates are also calling for more effective state policy to curtail trafficking, a crime that has an outsized impact on Black children, particularly girls.

Published

2 days ago

May 3, 2024

Oakland Post

Shutterstock

By Bo Tefu, California Black Media

Some of those advocates are also calling for more effective state policy to curtail trafficking, a crime that has an outsized impact on Black children, particularly girls.

According to the FBI, a report covering a two-year period found Black children accounted for 57% of all juvenile arrests for prostitution. In addition, 40% of sex trafficking victims were Black and 60% of those victims had been enrolled in the foster care system.

“It is time to hold the perpetrators who take advantage of our children accountable,” said the Rev. Shane Harris, a San Diego-based activist, former foster youth and founder of the Peoples Association of Justice Advocates, (PAJA), a national civil rights organization and policy think tank.

“It is time to send a thorough message that if you seek to buy a child for sex, you will pay the highest criminal penalties in this state,” added Harris who was speaking at a rally at the State Capitol earlier this month. Harris was speaking in support of Senate Bill 1414, authored by Sen. Shannon Grove (D-Bakersfield), which calls for people who buy sex from minors to be punished with a felony. The punishment includes a two-year prison sentence and a $25,000 fine.

Harris said the PAJA is the only civil rights organization in the state that supports SB 1414.

Harris urged other Black-led groups who favor anti-trafficking legislation more focused on criminal justice reforms (as opposed to stiffer penalties), to “join the movement.”

Many of those civil rights groups fear that SB 1414 could lead to the incarceration of more Black youth.

Those sentiments were echoed in a panel discussion organized by Black women advocates on April 26 to examine the cause and effects of human trafficking in California’s Black communities. The virtual event was hosted by the Forgotten Children, Inc, a faith-based nonprofit that advocates for survivors and victims of human trafficking through anti-trafficking campaigns and initiatives.

Panelists shared the psychological impact of sexual exploitation on youth and children in the long term.

Author and educator Dr. Stephany Powell shared statistics and information revealing that African American women and girls are the most trafficked nationwide.

Powell, who serves as the senior advisor on law enforcement and policy at the National Center on Sexual Exploitation said that national data indicates that sex trade survivors are disproportionately women of color. She stated that male survivors often go unnoticed because boys rarely report trafficked crimes.

Powell said that decriminalizing prostitution in California could increase human trafficking. She argued that Senate Bill 357, authored by Sen. Scott Wiener (D-San Francisco), which was signed into law in 2022 and legalized loitering for prostitution, caused a surge in street-level prostitution.

Panelist and psychologist Dr. Gloria Morrow shared opposing views on decriminalizing prostitution. She said that decriminalizing prostitution could help survivors gain access to state resources and support.

Despite opposing views, Powell and Morrow agree that the Black community needs resources and educational programs to address human trafficking.