“Few judges in California have left as strong a mark on defending the federal constitutional rights of as Federal Judge Roger Benitez. From his courtroom in the Southern District, he has consistently reminded lawmakers that the Second Amendment is not optional, but fundamental.”
Few judges in California have left as strong a mark on defending the federal constitutional rights of as Federal Judge Roger Benitez. From his courtroom in the Southern District, he has consistently reminded lawmakers that the Second Amendment is not optional, but fundamental. Here’s a run down of some prominent Second Amendment decisions:
- Miller v. Bonta (2021 & 2023): Benitez struck down California’s decades-old assault weapons ban, comparing AR-15s to the “Swiss Army knife” of rifles — versatile tools for defense. He ruled that bans must align with the nation’s historical firearm traditions, issuing a permanent injunction against enforcement. His reasoning continues to shape the broader legal debate over gun laws in California and beyond.
- Rhode v. Bonta (2020 & 2024): He overturned California’s ammunition background-check system, calling it overly burdensome and unconstitutional. He also invalidated California’s ban on out-of-state ammo purchases, citing conflicts with federal law and the Commerce Clause. In 2025, the Ninth Circuit affirmed that the regime violates the Second Amendment, echoing arguments Benitez had already outlined.
By Jon Fleischman
