CalGuns Foundation

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CalGuns Alert On SB 249 – Is It Dead Yet?

August 15, 2012 by 1 Comment

There were reports yesterday that California State Sen. Leland Yee’s SB 249 was dead. However, the CalGuns Foundation warns that it may be dead but there still are a few more days left before it can be conclusively called dead.

They released this about the bill and urged those in opposition to keep up the pressure.

SB 249 MAY BE D.O.A.; STOP SB 249 CAMPAIGN URGES CONTINUED OPPOSITION PRESSURE

Cal-FFL, Calguns Foundation opposition letters cited in official Committee analysis that may be the final straw in breaking SB 249

For Immediate Release: August 14, 2012

Reference: Assembly Appropriations Committee Analysis at http://stopsb249.org/wp-content/uploads/2012/06/sb249_approps_analysis.pdf

SAN CARLOS, CA, AND MADERA, CA – In spite of bill author Senator Leland Yee’s many assurances to the contrary, even the Assembly Appropriations Committee legislative analysis found that the SB 249 gun ban presents California taxpayers with significant cost impacts.

The analysis determined that, among other major costs, SB 249 would impose “[o]ne-time special fund (Dealer Record of Sale Fund- DROS) costs, likely in excess of $200,000 (the AG’s office estimates about $400,000), for the AG to conform existing regulations regarding the definition of assault weapon to the definition of detachable magazine proposed by this bill.”

Implicit in the Committee’s analysis is that SB 249 is a material legislative change to the Penal Code, which would require new DOJ regulations. Senator Yee and his staff have spent considerable time representing SB 249 to be a “clarification of existing law.” We now have further evidence in the Legislative record supporting our argument that SB 249 would harm California gun owners by creating an entirely new standard for “detachable magazine” firearms.

Up-to-the-minute information acquired by Cal-FFL lobbyist Matt Gray of Capital Alliance and Cal-FFL president Brandon Combs suggests that, while SB 249 may not succeed in passing the Appropriations Committee due to the substantial costs issues, it is premature to consider the bill a non-threat to gun rights.

“SB 249 has been proven to be an outrageous attack on hundreds of millions of dollars of legal private property and law-abiding gun owners. We’re encouraged that the Appropriation Committee’s analysis has affirmed our view that California simply cannot afford Senator Yee’s misguided bill,” said Combs. “We urge all of our members and supporters to continue vigorously opposing SB 249 by calling the members of the Appropriations Committee and using the Take Action tools at our StopSB249.org campaign website.”

The STOP SB 249 Take Action page is located at at http://stopsb249.org/takeaction.

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SB249 Gets Even Worse

August 8, 2012 by 5 Comments

California State Sen. Leland Yee’s SB 249 has been through many iterations. As you may remember, the bill was introduced in response to a San Francisco TV station’s breathless report about “bullet buttons”. The bill originally banned all “bullet buttons” and then was changed to only ban the use of the MagLock. Now it has been amended again and would ban the possession of all bullet button and/or MagLocked firearms.

The CalGuns Foundations and CalFFL are fighting this tooth and nail. They sent out an update late last night which I’ve put below. It looks like all the major anti-gun politicians in California are piling on as co-sponsors of this terrible bill.

SAN CARLOS, CA, AND MADERA, CA – In an egregious and deliberate move to ban hundreds of thousands of legal firearms and harm law-abiding California gun owners, California Senator Leland Yee (D-San Francisco) has amended his bill SB 249 to make possession of all Bullet Button, or “maglocked”, firearms a criminal act as of July 1, 2013. Sen. Yee’s chief-of-staff, Adam Keigwin, has said that California should ban all guns, even bolt-action hunting rifles.

Joining Senator Yee in his effort to take away hundreds of millions of dollars of currently-legal guns are co-authors Senate President pro Tem Darrell Steinberg (D-Sacramento), Senator Kevin de León (D-Los Angeles), Senator Loni Hancock (D-Berkeley), Senator Ted Lieu (D-Torrence), Assemblyman Anthony Portantino (D-La Cañada Flintridge), and Assemblyman Mike Feuer (D-Los Angeles).

Explaining his support for the gun ban, Senator Steinberg told the Sacramento Bee that “no one will convince me it’s anything other than a joke to say that having multiple clips and semi-automatic weapons that can shoot 100 or more bullets at a time is necessary in this state or in this country. It’s ridiculous.”

Also on record as supporting SB 249, the Los Angeles Times reports Attorney General Kamala Harris as saying, “I applaud the Legislature’s interest in addressing this problem and support efforts to pass legislation needed to” [ban Bullet Button firearms].

SB 249, if it were to become law, would categorically ban all “maglocked” semi-automatic firearms that are in common use, such as those which use the Bullet Button device. SB 249 does not provide for any grandfathering of existing firearms nor does it have a method of compensating gun owners for the firearms the proposed law would require to be destroyed or removed from California. The net effect would be what is perhaps the single largest unconstitutional government taking in California history.

More, SB 249 would subject gun owners to criminal liability as of July 1, 2013, for the mere possession of firearms that Senator Yee and Attorney General Harris have both said are legal under current law. Ex post facto laws, such as SB 249 would create if passed, are expressly unconstitutional.

Interestingly, however, SB 249 would create a de facto requirement that gun owners , hunters, and competitors in California use only “featureless” firearms, such as AR and AK-style guns employing compliance parts like the Solar Tactical KYDEX Grip Wraps, MonsterMan Grips, or Exile Machine’s Hammerhead Grip, which not only allow for the lawful use of factory magazine releases but large-capacity magazines as well. California does not ban the possession of large-capacity magazines. Wes Morris, owner of Ten Percent Firearms, demonstrates this is an excellent YouTube video you can view at http://www.youtube.com/watch?v=qhC8LpHPbRQ.

Senator Yee’s bill is currently before the Assembly Appropriations Committee and is expected to be heard on August 15, though it could be heard as soon as August 8. The bill must pass both the Assembly and the Senate by August 31.

The Calguns Foundation and Cal-FFL, through their pathbreaking grassroots initiative platform StopSB249.org, have created many free, easy-to-use tools for you to help combat this massive gun ban. Please forward this message to your friends, family, favorite gun dealers and manufacturers, and your social networks, like Facebook and Twitter. Working together, we can Stop SB 249 – but we need you to TAKE ACTION NOW!

The SB 249 Fact Sheet is available for download at http://stopsb249.org/wp-content/uploads/2012/06/sb249_fact_sheet1.pdf.

Donate to The Calguns Foundation and help Stop SB 249.

Stop SB 249’s Take Action page with many free tools to fight SB 249 can be found at http://stopsb249.org/take-action.

Crap like SB 249 is not only a California problem. Unlike Las Vegas, what happens in California doesn’t always stay in California. This is especially true when it comes to gun control initiatives such as microstamping which almost passed again in New York State and has been introduced in other states. It is all too easy to say “I live in a free state” or that California gun owners ought to just move.

It is best to think of SB 249 as a festering sore that could infect the rest of the body. It needs to be stopped and stopped hard before it spreads to impact all of us.

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A Politician Worthy Of Parody

July 17, 2012 by 2 Comments

California Democrat State Sen. Leland Yee introduced a bill, SB 249, that would have outlawed the “bullet button”. This is the device that converts a detachable magazine to a fixed magazine so that a semi-automatic firearm remains in compliance with California’s assault weapons (sic) ban. Sen. Yee has since amended his bill to only prohibit conversion kits such as the “Mag Magnet”.

Yee was prompted to introduce the bill after seeing a breathless report on the evil bullet button by a San Francisco TV station. California gun groups such as the CalGuns Foundation are fighting back. They have set up a website, StopSB249.org, as well as starting an ad campaign to defeat the bill.

One of the more amusing push-backs against Sen. Yee and SB 249 by CalGuns is this parody mash-up seen below. They’ve taken a CBS 5 report produced last week and added their own special touch to it.

Sometimes ridicule is the best way to deal with pompous politicians such as Sen. Yee.

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Brilliant Move!

June 13, 2012 by 8 Comments

The concept of microstamping is fairly well-known by now. It involves a laser-engraved number of a firing pin which transfers that code number to the primer of a cartridge. Its proponents argue that it will allow police to identify firearms used in crimes by shell casings left at the scene. That is, if only it was reliable and worked as its inventor and the gun control lobby said it would.

It is one of those things that sounds great in theory but fails in the real world. That hasn’t stopped states like California from adopting it or New York from strongly considering it.

The New York Times published an article online today entitled “New Method to Track Gun Use Stalled by Foes.” It will appear in the print edition tomorrow. The article describes the technology, the opposition to it by gun rights groups, and some of the studies done on its efficacy.

Its inventor, Todd Lizotte, who claims to be pro-Second Amendment and a member of the NRA had wanted his patent on the process to lapse into the public domain. The patent issue is critical for it to go into operation in California. He and his backers just didn’t figure in the tech industry savvy of the CalGuns Foundations whose officers know a thing or two about patents.

In California, legislation signed by Gov. Arnold Schwarzenegger in 2007 has been held up while the attorney general’s office makes sure the technology is unencumbered by patents. A gun rights group, the Calguns Foundation, went so far as to pay a $555 fee to extend a lapsing patent held by the developer to further delay the law from taking effect.

“It was a lot cheaper to keep the patent in force than to litigate over the issues,” said Gene Hoffman, the chairman of the foundation, adding that he believed the law amounted to a gun ban in California.

For the cost of two hours (or less) of a good attorney, the CalGuns Foundation has stymied the law’s implementation by keeping the patent in force.What an absolutely brilliant move! Gene Hoffman and his group are the masters of strategy and guerrilla tactics and this is just one more example of it.

H/T Brandon Combs

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Two Responses To The Nordyke Decision

June 4, 2012 by 8 Comments

Two California gun rights organizations, the CalGuns Foundation and Cal-FFL, released statements on the 9th Circuits decision (finally after 13 years) in Nordyke v. Alameda County. That case challenged the ban on gun shows by Alameda County at the Alameda County Fairgrounds. The decision can be read here.

The response from CalGuns Foundation:

San Carlos, CA (June 4, 2012) – In an astonishing eleventh-hour about-face, the County of Alameda’s “sweeping concessions” in open court to allow gun shows at the Alameda County Fairgrounds was accepted by the Ninth Circuit in its opinion for Nordyke v. King, released on Friday.

As was noted in a concurring opinion by Circuit Judge Diarmuid O’Scannlain, the County’s representation at oral arguments that Plaintiffs could, in fact, now hold gun shows at the Fairgrounds, “change the game.”

“While it’s certainly fantastic that the Nordykes are once again able to have gun shows on Alameda County property, it’s clear to us that the County was willing to stop at nothing to dodge the Second Amendment bullet,” explained Calguns Foundation chairman Gene Hoffman.

“The Calguns Foundation is eager to see gun shows – long standing in our history and protected under the Constitution – at suitable public venues across the state of California. We stand ready to ensure that the rights of gun owners to gather and trade in self-defense arms are respected in every locale. California state law already severely regulates gun shows and these additional local requirements are solely an attempt to go beyond regulation into prohibition.”

And from Cal-FFL which is a newer organization representing California firearms dealers, range owners, collectors, and training professionals:

Madera, CA (June 4, 2012) – In a decision holding that “the County now concedes that [gun shows] can be held with firearms present and available for meaningful physical inspection by potential buyers,” the Ninth Circuit has settled a thirteen-year lawsuit between the County of Alameda and plaintiffs Russell and Sallie Nordyke, owners of TS Trade Shows, who operated gun shows at the Fairgrounds until the County enacted the gun show ban ordinance in 1999.

“Gun shows are important opportunities for firearms dealers, manufacturers, and buyers to connect with each other under one roof,” said Cal-FFL president Brandon Combs. “These events offer people the chance to browse thousands of products in the fast-growing self defense marketplace at one time, rather than being limited to the inventory of one or two area stores.”

While avoiding the question of how the Second Amendment might apply to gun shows, the court said in its opinion that “[s]hould the County add new requirements or enforce the ordinance unequally…. Plaintiffs or others similarly situated may, of course, bring a new Second Amendment challenge.”

“California gun dealers and manufacturers rely on gun shows to educate thousands of people over the course of a weekend,” Combs explains. “Cal-FFL looks forward to helping the Nordykes, other promoters, and our federal firearms licensee members succeed in holding gun shows at county fairgrounds and similar public places throughout the state.”

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SAF On Lawsuit Against San Francisco And Oakland

May 14, 2012 by

The Second Amendment Foundation has released a statement on their joint lawsuit with the CalGuns Foundation challenging the City and County of San Francisco’s and the City of Oakland’s refusal to return legally owned firearms to persons exonerated of a crime.

BELLEVUE, WA — The Second Amendment Foundation has filed a federal lawsuit against the police departments in San Francisco and Oakland, California for refusing to return firearms to people who had been charged with crimes, but subsequently cleared of any wrongdoing.

SAF is joined in the lawsuit by the Calguns Foundation and two private citizens. The case is known as Churchill, et al. v. Harris, et al.

The police agencies apparently are relying on a state Department of Justice document that requires proof of ownership of each firearm before they are returned. But Don Kilmer, counsel for the plaintiffs, has noted that, “In California, the Evidence Code makes it clear that simple possession is proof of ownership of almost all types of common property, including firearms. The California Department of Justice is misleading police departments in such a way that they violate the rights of gun owners who were investigated and found to have not violated the law.”

“What the police departments are doing is a deliberate theft of personal property, and they know it,” said SAF Executive Vice President Alan Gottlieb. “Our partners at the Calguns Foundation have properly argued that this is inexcusable, and they are right.

“We saw this sort of property theft following Hurricane Katrina,” Gottlieb recalled, “and we took that case to federal court, and won. Government agencies simply cannot seize private property and refuse to give it back by playing bureaucratic games.”

“Law-abiding Californians should not be forced to seek out expensive legal representation just to get back what is rightfully theirs in the first place,” added Calguns Foundation chairman Gene Hoffman.

“This cannot be allowed to continue,” Gottlieb observed. “That’s why we have taken this action, and we expect to prevail.”

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CalGuns Foundation And SAF File Suit Against San Francisco And Oakland

May 12, 2012 by 1 Comment

The CalGuns Foundation and the Second Amendment Foundation have filed suit against California Attorney General Kamala Harris, the City and County of San Francisco, and the City of Oakland over their refusal to return lawfully-owned firearms to their rightful owners after an investigation exonerated them. The case, Churchill et al v. Harris et al, is being brought in US District Court for the North District of California. The attorneys in the case are well-known California gun rights lawyers Don Kilmer and Jason Davis.

From the CalGuns Foundations on the suit:

San Carlos, CA (May 9, 2012) – In an important step to secure the rights of California gun owners, The Calguns Foundation, the Second Amendment Foundation, and two individual residents of California have filed a new federal lawsuit in San Francisco. The case, entitled Churchill, et. al. v. Harris, et al., alleges that the police departments of both San Francisco and Oakland are unlawfully refusing to return lawfully-owned firearms to individuals who have had charges dropped after police investigations proved that they had done nothing wrong.

The ongoing seizure of those firearms is a violation of the Second and Fourth Amendments to the Constitution. What’s more, the departments’ refusal to return property after all charges are dropped is theft.

“In California, the Evidence Code makes it clear that simple possession is proof of ownership of almost all types of common property, including firearms,” said Don Kilmer, attorney for the plaintiffs. “The California Department of Justice is misleading police departments in such a way that they violate the rights of gun owners who were investigated and found to not have violated the law.”

The Oakland and San Francisco Police departments appear to be relying on a Department of Justice document that is being attached to the required “Law Enforcement Gun Release”, or LEGR, reports indicating that the requester may lawfully own and possess firearms. The document claims that the requesting person has to provide proof of ownership for every firearm when they go to retrieve their seized property.

According to longstanding California law, every firearm seized during a police investigation must be inventoried; a copy of that list is given to the person from whom firearms are seized. Every law enforcement agency knows which person they took firearms from and what specific firearms were taken.

“It’s hard enough for a law-abiding gun owner to live through the uncertainty and fear caused by a false allegation or arrest, but to have the very people who are trusted and sworn to serve them then steal their property after they’ve been exonerated is inexcusable,” said Calguns Foundation chairman Gene Hoffman. “Law-abiding Californians should not be forced to seek out expensive legal representation just to get back what is rightfully theirs in the first place.”

A copy of the complaint and case filings can be downloaded here. The full docket can be viewed at this link.

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CalGuns Foundation Sues LA County Sheriff Over Carry Policy

March 10, 2012 by 1 Comment

The CalGuns Foundation filed suit yesterday in Los Angeles Superior Court against LA County Sheriff Lee Baca, the LA Sheriff’s Department, and LA County challenging the sheriff’s ban on accepting and processing carry licenses for city residents.

From their release:

THE CALGUNS FOUNDATION SUES LOS ANGELES COUNTY, SHERIFF LEE BACA

March 9, 2012 – San Carlos, CA

Continuing its Carry License Sunshine and Compliance Initiative, The Calguns Foundation (CGF) has filed a lawsuit today in Los Angeles Superior Court against Los Angeles Sheriff Leroy “Lee” Baca, the Los Angeles County Sheriff’s Department, and Los Angeles County. The case, entitled Jennifer Lu, et al. v. County of Los Angeles, et al., challenges the Sheriff’s ban on accepting and processing applications for carry licenses submitted by city residents.

The Calguns Foundation is joined in the lawsuit, by three individual plaintiffs.

“Sheriff Baca made the unfortunate decision to repeat historical failure,” noted GF Chairman Gene Hoffman. “Apparently, the Sheriff and County do not feel bound to follow the precedent they set when the California Court of Appeals ruled against them in 1976. We look forward to refreshing their memory.”

In the case of Salute v. Pitchess, the Court held that “[i]t is the duty of the sheriff to make . . . an investigation and determination, on an individual basis, on every application” for a handgun carry license. Then-Los Angeles Sheriff Peter Pitchess had “a fixed policy of not granting applications . . . except in a limited number of cases.”

California requires that people who desire to carry a handgun for self defense be licensed by the sheriff of the county in which they reside, or, at the applicants’ option, they can apply to their city’s chief of police. However, sheriffs cannot require applicants to first apply to and be denied by a city’s chief of police as a prerequisite to application.

“The State of California very intentionally established a standardized carry license framework: if you’re a sheriff, you have a duty to administer the carry license program for all residents of your county,” clarified Brandon Combs, an officer of CGF and director of the Carry License Initiative. “Sheriff Baca’s intent in enforcing these unlawful regulations is quite clear: make it as difficult as possible for law-abiding residents of Los Angeles County to defend their lives and those of their families. Not only does he treat some deserving applicants differently than others, he uses the rejections by cities’ chiefs of police – that his policy requires – as evidence against the applicants when they apply to him.”

“Jennifer Lu and the other plaintiffs have every reason to desire a handgun carry license, not the least of which is that it is their fundamental right under the Constitution as Federal courts in both West Virginia and Maryland ruled earlier this week,” said Jason Davis, attorney for the plaintiffs. “Sheriff Baca is circumventing state and constitutional law, and we’re confident that this case will bear that out.”

A copy of the complaint and case filings can be downloaded at
http://calgunsfoundation.org/resources/downloads/file/73-lu-v-baca-complaint.html.

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CalGuns Foundation Store Has Its Grand Opening Tomorrow

November 25, 2011 by

The CalGuns Foundation is opening an online store and it opens tomorrow! Not only can you get some cool stuff but since they are a 503(c)(1) non-profit, part of your purchase price counts as a tax deduction. How cool is that! Moreover, through the end of December they are offering 10% off with the coupon code CGFFTW.

Here is the official announcement.

We’re excited to announce the Grand Opening of the NEW CGF store, and to celebrate what we think is a really cool way to support your rights we’re offering a 10% off coupon for all purchases through December 31! Remember, a portion of every purchase is tax-deductible!

We have a great selection of sweet CGF gear ready to fill your stocking, including:

  • Super-fresh “CGF Steamroller Roast” bold blend coffee, shipped direct from the roaster to you
  • NEW tee shirts featuring color “CGF On-Target” artwork
  • Lapel pins
  • “Notice to Law Enforcement” safe magnets and decals
  • Bumper stickers
  • 4″ round color decals with “CGF On-Target” artwork
  • Ladies “Bella” fashion tees

Over the next 1.14 weeks, we’ll be adding some truly badass stuff that I am positive you’ll want under the tree this year! Needless to say, we’re here to support “ATF” – the “convenience store” version of ATF, not the government agency. For example, some of the things you should stay tuned for:

  • Zippo 8oz stainless steel hip flask, laser-etched with the CGF logo
  • Zippo lighters, both laser-etched and color CGF logo options
  • 16oz. Brewery glasses featuring color “CGF On-Target” logo art
  • Double old-fashioned drink tumblers with color “CGF On-Target” logo art
  • Shot glasses with color “CGF On-Target” art
  • Black “el grande” 15oz coffee mug with CGF logo
  • Black, reusable grocery bags featuring a white CGF logo (make shoppers at Whole Foods jealous!)
  • Limited-edition CGF challenge coins
  • Limited-edition, top-quality metal license plate frames made by the only American manufacturer left and hand-finished to exacting standards
  • Patches!
  • CGF “bag tags” featuring our “Notice to Law Enforcement” image on one side (like our safe magnets) and a self-laminating information section
  • CGF “Evil Black Espresso” blend coffee

 This is a chance to buy some cool stuff and help an organization that is on the front lines – literally – of the battle for the Second Amendment.