by The CalGuns Foundation and the Second Amendment Foundation have filed a Second Amended Complaint in their case challenging Califorinia’s Handgun Roster. The amended complaint in Pena et al v. Cid now also challenges the handgun microstamping requirement.
From the CGF release:
CGF Challenges CA Handgun Microstamping Requirement in Federal Civil Rights Lawsuit
SAN CARLOS, CA – The Calguns Foundation announced today that attorneys for it and co-plaintiff Second Amendment Foundation have filed an amended complaint in the federal civil rights case Peña v. Cid that includes a challenge to California’s handgun microstamping regulations.
The plaintiffs’ motion for summary judgment will be argued by the court’s deadline in November.
The lawsuit was originally filed in 2009 as a challenge to California’s handgun “Roster” regulations that arbitrarily bans handguns based on a list of “acceptable” handgun models approved by the state. The new filing addresses microstamping, which makes it even harder for Californians to legally purchase a handgun for self defense.
Gene Hoffman, chairman of The Calguns Foundation, said, “California’s attempt to limit the availability of handguns to her citizens is so broad that it makes it impossible to purchase the revolver that the U.S. Supreme Court has specifically ruled had to be registered to Dick Heller, whose case struck down the District of Columbia’s handgun ban and affirmed that the Second Amendment protects an individual civil right.”
“The state cannot dictate that some common arms can’t be bought just as they can’t dictate which versions of religious texts are acceptable,” Hoffman added. “Now that the state requires microstamping, it’s unlikely any new make or model of pistol will be added – making it even clearer that this is an incremental ban on firearms.”
“When the case was originally filed,” SAF Executive Vice President Alan Gottlieb recalled, “the state’s microstamping requirement was not active and was not part of the lawsuit. However, because of substantial delays involving the Ninth Circuit’s protracted Nordyke litigation, microstamping is now a significant issue. We’ve had to amend our complaint to address this new effort by California legislators to limit the types of handguns one can legally purchase.”
The amended complaint can be viewed at http://ia700204.us.archive.org/23/items/gov.uscourts.caed.191444/gov.uscourts.caed.191444.53.0.pdf
The May 17, 2013, California Department of Justice Information Bulletin on handgun microstamping regulation enforcement can be viewed at http://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/infobuls/2013-BOF-03.pdf.
More information about the Peña v. Cid lawsuit can be viewed at http://wiki.calgunsfoundation.org/Pena_v_Cid.
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