No I don’t.
First off, I don’t understand why there is any difference between “commonly owned” firearms and “uncommonly owned” firearms in terms of the government’s ability to regulate them as per the Second Amendment. It’s been explained to me that this was part of the Heller decision but I still don’t see why it makes any sense.
Second, even if you apply this standard, an AR-15 is NOT a commonly owned firearm in the state of California. The ban has been in place for years. Those that possess AR-15s in California right now do so illegally. Therefore I don’t understand how the judge can argue that it’s in common usage in this state.
Heller made a mess of things.
Miller was about the National Firearms Act, which required registration and tax of certain firearms, including short-barreled shotguns and short-barreled rifles (it was not a ban). The key thing that came out of
Miller was that the Second Amendment protected ownership of guns that had a "reasonable relation to the preservation or efficiency of a well regulated militia." So if they were in common usage for the purposes of maintaining a well-regulated militia, they were protected. The government argued that sawed-off shotguns didn't fall into this category, and the SC decided not to rule either way on that issue.
Things stayed that way until
Heller in 2008. Scalia wrote for the majority that the first half of the Second Amendment was not intended to be applied literally, and that it was just a prefatory clause--the Founding Fathers clearing their throats before getting to the point. So despite 70 years of cases to the contrary, common usage relating to maintaining a well-regulated militia was reduced to "common usage." Somehow they also added "home defense" as a part of the Second Amendment. Also, under Heller, the Second Amendment now effectively reads: "
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Heller basically re-wrote the Constitution and then said if people want to restrict guns they should amend the Constitution.
Since then, courts that have upheld assault weapons bans have ruled that these guns are military weapons converted to civilian use, and therefore not in common usage and not protected by the Second Amendment. But they continue to rise in numbers and popularity, so this California judge has decided that they are now common, and therefore protected. Under his theory, if enough people owned bazookas, they would also be protected. Under the logic of
Heller, this is probably the right decision. But it highlights what a bad decision
Heller is.