This was just released by the Second Amendment Foundation and the CalGuns Foundations:<\/p>\n
BELLEVUE, WA \u2013 The Second Amendment Foundation and Calguns Foundation have filed a lawsuit in U.S. District Court in California, seeking to have the state\u2019s definition of so-called \u201cassault weapons\u201d declared unconstitutionally vague.<\/p>\n
Joining SAF and Calguns in the lawsuit is Brendan John Richards, an Iraq combat veteran who served as a U.S. Marine, and whose arrest and six-day incarceration in the Sonoma County jail \u2013 and subsequent dismissal of all charges \u2013 was the catalyst for this legal action. Named as defendants are California Attorney General Kamala Harris, the California Department of Justice, the City of Rohnert Park and police officer Dean Becker.<\/p>\n
Richards was jailed in May 2010 after Officer Becker, investigating a disturbance at a motel where Richards was staying, learned that Richards had two pistols and a rifle, all unloaded, in the trunk of his car. Becker, arrested Richards for unlawful possession of an assault weapon. However, in September of last year, the charges were dismissed by the Sonoma County District Attorney\u2019s office, based on a report from the state Department of Justice that showed none of the guns met the state\u2019s definition of an assault weapon.<\/p>\n
\u201cCalifornia\u2019s law allows possession of a variety of firearms that do not meet the state\u2019s assault weapons definition, which we believe is unconstitutionally vague,\u201d noted SAF Executive Vice President Alan Gottlieb. \u201cMr. Richards was jailed for almost a week, when he had broken no law because a police officer had a conflicting view and the District Attorney\u2019s office believed him.\u201d<\/p>\n
\u201cCalifornia attempts to make a distinction among firearms where no natural one exists,\u201d noted Calguns Executive Director Gene Hoffman. \u201cThe generic definition of so-called \u2018assault weapons\u2019 was simply an attempt to prohibit possession of guns that look scary.\u201d<\/p>\n
Plaintiffs are represented by attorneys Don Kilmer of San Jose and Jason A. Davis of Mission Viejo. Kilmer said the case is indicative of the way things have become in California.<\/p>\n
\u201cNow that the right to keep arms has correctly been recognized as fundamental and applicable to California,\u201d Kilmer said, \u201cgun owners can\u2019t be faced with the practice of \u2018arrest them first and let the courts sort it out\u2019 for exercising constitutional rights. That is just how things are done in our country.\u201d<\/i><\/p><\/blockquote>\n