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A federal judge has overturned California’s three-decade-old ban on assault weapons, calling it a “failed experiment” that violates people’s constitutional right to bear arms.

U.S. District Judge Roger Benitez of San Diego ruled on Friday that the state’s definition of illegal military-style rifles unlawfully deprives law-abiding Californians of weapons commonly allowed in most other states and by the U.S. Supreme Court.

“Under no level of heightened scrutiny can the law survive,” Benitez said. He issued a permanent injunction against enforcement of the law but stayed it for 30 days to give state Attorney General Rob Bonta time to appeal.

Gov. Gavin Newsom condemned the decision, calling it “a direct threat to public safety and the lives of innocent Californians, period.”

In his 94-page ruling, the judge spoke favorably of modern weapons and said they were overwhelmingly used for legal reasons.

“Like the Swiss Army knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle,” the judge said in his ruling’s introduction.

That comparison “completely undermines the credibility of this decision and is a slap in the face to the families who’ve lost loved ones to this weapon,” Newsom said in a statement. “We’re not backing down from this fight, and we’ll continue pushing for common sense gun laws that will save lives.”

Bonta called the ruling flawed and said it will be appealed.


Civil rights advocates sued a Maryland county on Wednesday to seek the court-ordered removal of a Confederate monument from a courthouse lawn on the state’s Eastern Shore, calling it a racist symbol of oppression.

In their federal lawsuit, an NAACP branch leader and a defense lawyer say the “Talbot Boys” statue in Talbot County is the last Confederate monument remaining on public property in Maryland besides cemeteries and battlefields.

The lawsuit claims that a statue glorifying the Confederacy on the lawn outside the county courthouse in Easton, Maryland, is both unconstitutional and illegal under federal and state laws. Keeping it there “sends a message that the community does not value Black people, that justice is not blind, and that Black people are not equal in the eyes of the county,” the suit says.

“For Black employees and litigants entering the courthouse, the statue is, in its least damaging capacity, intimidating and demoralizing,” it adds.

In August 2020, Talbot County Council members voted 3-2 to keep the memorial on the courthouse lawn.

Council President Chuck Callahan was among the three members who voted to keep the memorial. He did not immediately respond Wednesday to an email and phone call seeking comment on the lawsuit.

The memorial, dedicated in 1916, commemorates more than 80 soldiers who fought for the Confederacy. A website advocating for it to stay on the courthouse lawn calls it “a piece of history and a splendid work of art that tells the story of brother vs. brother where North and South came together, the border state of Maryland.”

The lawsuit says the statute, erected 50 years after the Civil War ended and during the Jim Crow era, was funded primarily by a prominent white lawyer who “embraced ideals of slavery.”

“It is also telling that no monument was erected to honor the sacrifices of those from Talbot County who fought for the Union ? particularly since Maryland was not part of the Confederacy,” the suit adds.

The lawsuit’s plaintiffs include Richard Potter, president of the Talbot County branch of the NAACP, and Kisha Petticolas, a Black lawyer who works in Talbot County for the Maryland Office of the Public Defender.

Plaintiffs’ lawyers, including from the American Civil Liberties Union of Maryland, filed the federal lawsuit in Baltimore.

It asks the court to order the statute’s permanent removal from the courthouse area and bar its display at any other county property. It also seeks unspecified monetary damages for the plaintiffs.


A Texas court is scheduled to hear arguments Tuesday on overturning the conviction of a former Dallas police officer who was sentenced to prison for fatally shooting her neighbor in his home.

An attorney for Amber Guyger and prosecutors are set to clash before an appeals court over whether the evidence was sufficient to prove that her 2018 shooting of Botham Jean was murder.

The hearing before a panel of judges will examine a Dallas County jury’s  2019 decision to sentence Guyger to 10 years in prison for murder. It follows the recent conviction of a former Minneapolis police officer who was found guilty of murdering George Floyd, again focusing national attention on police killings and racial injustice.

Guyger is not expected to appear in court Tuesday and the appeals panel will hand down a decision at an unspecified later date.

More than two years before Floyd’s death set off protests across the country, Guyger’s killing of Jean drew national attention because of the strange circumstances and because it was one in a string of shootings of Black men by white police officers.

The basic facts of the case were not in dispute. Guyger, returning home from a long shift, mistook Jean’s apartment for her own, which was on the floor directly below his. Finding the door ajar, she entered and shot him, later testifying that she through he was a burglar.

Jean, a 26-year-old accountant, had been eating a bowl of ice cream before Guyger shot him. She was later fired from the Dallas Police Department.

The appeal from Guyger, now 32, hangs on the contention that her mistaking Jean’s apartment for her own was reasonable and, therefore, so too was the shooting. Her lawyers have asked the appeals court  to acquit her of murder or to substitute in a conviction for criminally negligent homicide, which carries a lesser sentence.

In court filings, Dallas County prosecutors countered  that Guyger’s error doesn’t negate “her culpable mental state.” They wrote, “murder is a result-oriented offense.”

Jean’s mother, Allison Jean, told the Dallas Morning News that the appeal has delayed her family’s healing.

”I know everyone has a right of appeal, and I believe she’s utilizing that right,” Jean said. “But on the other hand, there is one person who cannot utilize any more rights because she took him away.

“So having gotten 10 years, only 10, for killing someone who was in the prime of his life and doing no wrong in the comfort of his home, I believe that she ought to accept, take accountability for it and move on,” she said.

Guyger could have been sentenced to up to life in prison or as little as two years. Prosecutors had requested a 28-year sentence ? Botham Jean would have been 28 if he were still alive during the trial.

Under her current sentence, Guyger will become eligible for parole in 2024, according to state prison records.

Following the trial, two members of the jury said the diverse panel tried to consider what the victim would have wanted when they settled on a 10-year prison sentence.

Jean ? who went by “Bo” ? sang in a church choir in Dallas and grew up in a devout family on the island nation of St. Lucia. After sentencing, Brandt Jean embraced Guyger in court and told her his older brother would have wanted her to turn her life over to Christ. He said if she asked God for forgiveness, she would get it.


Prosecutors are asking a New York City court to throw out 90 drug convictions following a review of arrests involving a former narcotics detective charged with corruption.

The mostly low-level cases investigated by Joseph Franco while a NYPD officer in Brooklyn from 2004 to 2011 should be vacated because of his ongoing criminal case in Manhattan, Brooklyn District Attorney Eric Gonzalez said Wednesday. A 2019 indictment accuses Franco of perjury and other charges alleging he framed innocent people.

The review of the mostly low-level Brooklyn cases dating back a decade or more found no similar misconduct on Franco’s part or that the defendants were innocent, prosecutors said Wednesday. But because of the Manhattan case, “I have lost confidence in his work,” Gonzalez said in a statement.

“I cannot in good faith stand by convictions that principally relied on his testimony,” he added.

Tina Luongo, attorney-in-charge of the Legal Aid Society’s criminal defense practice, lauded Gonzalez’s decision to vacate the convictions. She urged other district attorneys in the city to perform similar reviews.

Franco “touched thousands of cases throughout New York City, and we may never know the full extent of the damage he caused and lives he upended,” Luongo said in a statement.

During a virtual hearing on Wednesday morning, a judge began the process of vacating the cases at the request of defense attorneys. At issue were 27 felony and 63 misdemeanor convictions, most resulting from guilty pleas.

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