U.S. District Judge Roger T. Benitez, the San Diego-based jurist who repeatedly drew national attention for rolling back state gun restrictions and issuing other high-profile orders, retired from the federal bench on April 2. At 75, Benitez told colleagues he was stepping down for reasons that include his age, his health and a desire to spend more time with his children and grandchildren. He plans to shift into arbitration and mediation work. His exit removes a regular focal point for Second Amendment litigation in the region and is expected to reshuffle which judges hear challenges to California law.
According to The San Diego Union-Tribune, Benitez formally left active service on April 2. He was nominated to the federal bench by President George W. Bush and confirmed in 2004. Congress.gov records show he assumed the district court seat that year and moved to senior status at the end of 2017.
A String of Rulings That Put San Diego in the Crosshairs
Benitez's opinions, from a 2019 ruling that briefly blocked California's ban on large capacity magazines to later decisions that questioned the state's assault weapons ban and restrictions on ammunition sales, drew repeated appeals and national debate. The Trace and other outlets have detailed how a combination of filing strategies and local transfer rules steered several major Second Amendment cases into his courtroom.
Parental Rights Ruling and Other Recent Orders
In December 2025, Benitez issued a sweeping order in Mirabelli v. Olson, granting summary judgment to teachers who sued over school parental exclusion policies and entering a class-wide permanent injunction. That order is now on appeal, with the decision and related filings available in federal court records. Justia shows the scope of the injunction and the state's appeal filings.
Reprimand for Courtroom Conduct
Benitez's tenure also included public controversy. In May 2024, the Judicial Council of the U.S. Court of Appeals for the Ninth Circuit found he "engaged in abusive or harassing behavior" after ordering a court marshal to handcuff a 13-year-old spectator at a 2023 sentencing hearing. Courthouse News Service reported that the council concluded the incident exceeded a judge's authority and undermined public confidence.
What’s Next for Benitez and His Court
Benitez is already listed as a neutral with ADR Services, which advertises him as "Hon. Roger T. Benitez (Ret.)." His retirement follows changes in 2023, when San Diego's federal court tightened assignment rules to limit transfers that critics said enabled forum shopping, a shift chronicled by The Trace and one that is already reshaping how major Second Amendment suits are routed.
Reactions to his departure have been mixed. Some colleagues praised Benitez's decisiveness and courtroom experience, while state officials and gun safety advocates criticized his reasoning in key rulings. "We hope he has the retirement he deserves," one colleague told The San Diego Union-Tribune, which also reported his plans to spend more time with family and to work as an arbiter and mediator.
