Commentary

Will Alameda’s Rob Bonta Save Assault Weapons Ban and Make His Mark?

Instead of strengthening or fixing the law, federal judge Roger Benitez, a Bush appointee based in Southern California, just declared it unconstitutional on June 4.

Published

3 years ago

June 9, 2021

Christy Price

What Is Picture Perfect/ Unsplash

When was the last time you heard about an assault weapon wreaking havoc in California? How about two weeks ago in San Jose when nine innocent lives were lost when they were shot and killed by a disgruntled white male who had a problem with diversity.

Technically, the weapon used wasn’t an assault rifle, but a 9mm pistol jacked up with a high capacity magazine. Still, it’s illegal in California. The point is, there are laws and there are loopholes. But it’s no reason to get rid of California’s assault weapons ban, the first such law in the nation.

Instead of strengthening or fixing the law, federal judge Roger Benitez, a Bush appointee based in Southern California, just declared it unconstitutional on June 4.

And now, the ban that Asian Americans as victims brought 32 years ago in California will need the new Asian American Filipino attorney general to show his true mettle to make sure he reverses the judge and stays the law.

Bet you didn’t know there even was such a ban in California? Yep, and in states like New York, New Jersey, Connecticut, Hawaii, Maryland, and Massachusetts, as well as Wash., D.C.

There was even a ban in place for a brief time nationwide.

The pro-gun logic of the judge essentially was that since people in other states could get assault weapons and the ban hasn’t stopped mass shootings, what good was the law? “A 30-year-old failed experiment,” said Benitez, who called the AR-15 assault weapons “fairly ordinary, popular modern rifles.” For example, the law allowed those who owned assault weapons before the ban to register their guns. To date, there are 185,569 assault weapons in the state even with a ban.

But popularity doesn’t make them benign.

Benitez even compared the AR-15 to a Swiss Army knife as “a perfect combination of home defense weapon and homeland defense equipment.”

That’s such a strange comparison.

I have a small Swiss Army knife that comes with a toothpick and tweezers. I’ve never seen an AR-15 come with either. Does that make the SA knife the superior tool?

Of course, you’re not really looking to pick the spinach off anyone’s teeth, nor pluck a splinter from a finger, with an AR-15. It’s a weapon with one purpose— to kill. And keep killing. Fast.

Not just one, but many. E pluribus Mass Shootings.

That makes the comparison to a Swiss Army anything absurd. But the judge piled it on. He added that knives kill seven times more people in California than rifles do. Maybe. But around the nation, assault rifles are the death-per-minute king.

The AR-15 was used at Orlando’s Pulse nightclub in 2016, when 49 people were killed. In Las Vegas, an AR-15 was used to kill 58 people at an outdoor concert in 2017.

Imagine the killings in California if the state ban wasn’t in place. That’s an unknowable statistic. But the most important one.

Without the ban, is there any doubt deaths by assault rifles would rise? More assault rifles. More incidents. More deaths per minute.

Asian Victims Brought on Ban

The reason we have the law in the first place was because of a school shooting in 1989 in Stockton when Patrick Purdy killed five children of Southeast Asian refugees and wounded 30 others.

Purdy, a 25-year-old unemployed welder was reported to have said he hated Vietnamese immigrants, whom he believed were stealing jobs from native-born Americans. He was also fond of carrying a book from the white supremacy group, Aryan Nations.

That was his book of choice. But his gun of choice was an assault-style weapon, not the AR-15, but a Chinese-made AK-47. On Jan. 17, 1989, Purdy went to the Cleveland School and fired 106 rounds in three minutes, before taking a pistol and shooting himself in the head.

Because of that crime, the state passed the nation’s first assault weapons ban, signed by a Republican governor, George Deukmejian. What a different time. It seems like such a normal reaction. Nowadays, the deaths at Sandy Hook or Parkland schools aren’t enough to get any law passed, and we fight over gadgets that make regular guns emulate semi-automatic weapons.

Bonta to the Rescue?

Enter Rob Bonta, Oakland’s former state Assemblyman, a little more than a month into his new job as state Attorney General. He’s called the decision “fundamentally flawed” and now has 30 days to appeal the ruling to the U.S. Court of Appeals for the Ninth Circuit. From there, whatever the decision, the case will likely go to the U.S. Supreme Court to weigh in on the constitutional right to have assault weapons.

I imagine the six conservative justices are dying to inject some steroids into the Second Amendment.

But this could also be the case where Bonta, the pride of the Filipino American community, gets to showcase his mettle on a national scale. After just being appointed, he’s already thrust into campaign mode and has at least one strong victims’ rights candidate, vying for his job.

This could be a big-time moment for him and for us. Let’s hope he’s up for the polarizing fight against a gun lobby that twists the 2^nd Amendment and forces us to live with unwanted and excessive violence.

Christy Price

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Oakland Post: Week of April 17 – 23, 2024

The printed Weekly Edition of the Oakland Post: Week of April 17 – 23, 2024

Published

9 hours ago

April 19, 2024

Oakland Post

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

Oakland Post

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Commentary

Opinion: Surviving the Earthquake, an Eclipse and “Emil Amok.”

Last Friday, a 4.8 magnitude earthquake shook New York City, reported as the “biggest earthquake with an epicenter in the NYC area since 1884” when a 5.2 quake hit. A bit bigger. The last quake similar to Friday’s was a 4.9 in 1783.Alexander Hamilton felt it — 241 years ago. That’s why New Yorkers were freaking out on Friday. They were in the room where it happens.

Published

2 days ago

April 17, 2024

Oakland Post

In New York City, the eclipse was about 90 percent visible. Good enough for me. Though a full solar eclipse is a celestial rarity, blockages of any sort aren’t generally celebrated. My one-man play is about growing up with the eclipsed history of American Filipinos and how I struggle to unblock all that.

By Emil Guillermo

I’m a Northern Californian in New York City for the next few weeks, doing my one-man show, “Emil Amok, Lost NPR Host, Wiley Filipino, Vegan Transdad.”

I must like performing in the wake of Mother Nature.

Alexander Hamilton felt it — 241 years ago.

That’s why New Yorkers were freaking out on Friday. They were in the room where it happens.

And it just doesn’t happen that often.

Beyonce singing country music happens more frequently.

When I felt New York shake last week, it reminded me of a time in a San Francisco TV newsroom when editors fretted about a lack of news an hour before showtime.

Then the office carpeting moved for a good ten seconds, and the news gods gave us our lead story.

On Friday when it happened in NYC, I noticed the lines in the carpeting in my room wiggling. But I thought it was from a raucous hotel worker vacuuming nearby.

I didn’t even think earthquake. In New York?

I just went about my business as if nothing had happened. After living near fault lines all my life, I was taking things for granted.

Considering the age of structures in New York, I should have been even more concerned about falling objects inside (shelves, stuff on walls) and outside buildings (signs, scaffolding), fire hazards from possible gas leaks, and then I should have looked for others on my floor and in the hotel lobby to confirm or aid or tell stories.

Of course, as a Californian who has lived through and covered quakes in the 4 to 6 magnitude range, I tried to calm down any traumatized New Yorker I encountered by taking full responsibility for bringing in the quake from the Bay Area.

I reassured them things would be all right, and then let them know that 4.8s are nothing.

And then I invited them to my consoling post-Earthquake performance of “Emil Amok, Lost NPR Host…”

It was the night of the eclipse.

ECLIPSING THE ECLIPSE

For example, did you know the first Filipinos actually arrived to what is now California in 1587? That’s 33 years before the Pilgrims arrived in America on the other coast, but few know the Filipino history which has been totally eclipsed.

I was in Battery Park sitting on a bench and there was a sense of community as people all came to look up. A young woman sitting next to me had a filter for a cell phone camera. We began talking and she let me use it. That filter enabled me to take a picture of the main event with my iPhone.

For helping me see, I invited her and her boyfriend to come see my show.

Coincidentally, she was from Plymouth, Massachusetts, near the rock that says the year the Pilgrims landed in 1620.

In my show she learned the truth. The Pilgrims were second.

History unblocked. But it took a solar eclipse.

Next one in 2044? We have a lot more unblocking to do.

If you’re in New York come see my show, Sat. April 13th, 5:20 pm Eastern; Fri. April 19, 8:10 pm Eastern; and Sun. April 21st 5:20 pm Eastern.

You can also livestream the show. Get tickets at www.amok.com/tickets

About the Author

Emil Guillermo is a journalist and commentator. He does a mini-talk show on YouTube.com/@emilamok1. He wishes all his readers a Happy Easter!

Oakland Post

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Commentary

Commentary: Republican Votes Are Threatening American Democracy

In many ways, it was great that the Iowa Caucuses were on the same day as Martin Luther King Jr. Day. We needed to know the blunt truth. The takeaway message after the Iowa Caucuses where Donald Trump finished more than 30 points in front of Florida Gov. De Santis and former South Carolina Governor Nikki Haley boils down to this: Our democracy is threatened, for real.

Published

3 days ago

April 16, 2024

Oakland Post

It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening. That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.

By Emil Guillermo

In many ways, it was great that the Iowa Caucuses were on the same day as Martin Luther King Jr. Day.

We needed to know the blunt truth.

The takeaway message after the Iowa Caucuses where Donald Trump finished more than 30 points in front of Florida Gov. De Santis and former South Carolina Governor Nikki Haley boils down to this: Our democracy is threatened, for real.

And to save it will require all hands on deck.

It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening.

That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.

No man is above the law? To the majority of his supporters, it seems Trump is.

It’s an anti-democracy loyalty that has spread like a political virus.

No matter what he does, Trump’s their guy. Trump received 51% of caucus-goers votes to beat Florida Gov. Ron DeSantis, who garnered 21.2%, and former South Carolina Gov. Nikki Haley, who got 19.1%.

The Asian flash in the pan Vivek Ramaswamy finished way behind and dropped out. Perhaps to get in the VP line. Don’t count on it.

According to CNN’s entrance polls, when caucus-goers were asked if they were a part of the “MAGA movement,” nearly half — 46% — said yes. More revealing: “Do you think Biden legitimately won in 2020?”

Only 29% said “yes.”

That means an overwhelming 66% said “no,” thus showing the deep roots in Iowa of the “Big Lie,” the belief in a falsehood that Trump was a victim of election theft.

Even more revealing and posing a direct threat to our democracy was the question of whether Trump was fit for the presidency, even if convicted of a crime.

Sixty-five percent said “yes.”

Who says that about anyone of color indicted on 91 criminal felony counts?

Would a BIPOC executive found liable for business fraud in civil court be given a pass?

How about a BIPOC person found liable for sexual assault?

Iowans have debased the phrase, “no man is above the law.” It’s a mindset that would vote in an American dictatorship.

Compare Iowa with voters in Asia last weekend. Taiwan rejected threats from authoritarian Beijing and elected pro-democracy Taiwanese vice president Lai Ching-te as its new president.

Meanwhile, in our country, which supposedly knows a thing or two about democracy, the Iowa caucuses show how Americans feel about authoritarianism.

Some Americans actually like it even more than the Constitution allows.

About the Author

Emil Guillermo is a journalist and commentator. He does a mini-talk show on YouTube.com/@emilamok1.