A federal judge overturned the California assault weapon ban as he ruled that the ban violated constitutional rights.

US District Judge Roger Benitez of San Diego ruled 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 US 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.

California Governor Gavin Newsom condemned the court decision and said the decision is a direct threat to public safety and fails to secure the lives of innocent Californians.

In his 94-page ruling, the judge spoke favorably of modern weapons, 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,” Governor 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.”

The state of California has 30 days to appeal against the decision.