California

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NSSF And SAAMI Sue California To Stop Microstamping

March 31, 2014 by 2 Comments

The National Shooting Sports Foundation and the Sporting Arms and Ammunition Manufacturers’ Institute filed suit in Fresno Superior Court today. They are seeking a preliminary injunction against California’s microstamping law calling it unworkable.

You may remember that last year California Attorney General Kamala Harris certified the microstamping was no longer covered by patent protection. As a result, all new firearms that weren’t previously on the California Handgun Roster now must be microstamped. Any design changes a manufacturer makes to an existing firearm would then require it to be recertified and thus have a microstamp on its firing pin.

The release from NSSF and SAAMI is below:

NEWTOWN, Conn. – The National Shooting Sports Foundation (NSSF) and the Sporting Arms and Ammunition Manufacturers’ Institute (SAAMI) have filed a motion for a preliminary injunction on behalf of their members against the State of California in Fresno Superior Court to prevent enforcement of the state’s microstamping law. The state statute enacted in 2007, but not made effective until May 2013, requires that all semiautomatic handguns sold in the state not already on the California approved handgun roster incorporate unproven and unreliable microstamping technology.

Under this law, firearms manufacturers would have to micro laser-engrave a gun’s make, model and serial number on two distinct parts of each handgun, including the firing pin so that, in theory, this information would be imprinted on the cartridge casing when the pistol is fired.

“There is no existing microstamping technology that meets the requirement of this ill-considered law. It is not technologically possible to microstamp two locations in the gun and have the required information imprint onto the cartridge casing. In addition, the current state of the technology cannot reliably, consistently and legibly imprint on the cartridge primer the required identifying information from the tip of the firing pin, the only possible location where it is possible to micro-laser engrave the information, said Lawrence G. Keane, NSSF senior vice president and general counsel.

“The holder of the patent for this technology himself has written that there are problems with it and that further study is warranted before it is mandated. A National Academy of Science review, forensic firearms examiners and a University of California at Davis study reached the same conclusion and the technical experts in the firearms industry agree,” Keane said. “Manufacturers cannot comply with a law the provisions of which are invalid, that cannot be enforced and that will not contribute to improving public safety. Today, we are seeking injunctive relief against this back-door attempt to prevent the sale of new or upgraded semiautomatic handguns to law-abiding citizens in California.”

In 2007, California Assembly Bill 1471 was passed and signed into law requiring microstamping on internal parts of new semiautomatic pistols. The legislation provided that this requirement would only became effective if the California Department of Justice certified that the microstamping technology is available to more than one manufacturer unencumbered by patent restrictions. The California legislature subsequently reorganized certain statutes concerning the regulation of firearms, including the microstamping law in 2010. On May 17, 2013, Attorney General Kamala D. Harris provided such certification.

Smith & Wesson and Sturm Ruger have separately announced that they would no longer be selling new or improved semiautomatic handgun models in California because of the impossibility of complying with the new law.

The notice that NSSF and SAAMI would be seeking a preliminary injunction can be seen here.

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Ruger CEO Mike Fifer Clarifies Why They Are Leaving California Market

January 17, 2014 by 7 Comments

As I reported yesterday in the infographic on the California Handgun Roster, Ruger is reportedly going to let all their semi-automatic pistols drop off the approved Handgun Roster. Today, Ruger CEO Mike Fifer clarified this in an interview with Guns.com.

“We’re being forced out of the state by the California Department of Justice,” explained Fifer. “This insistence on microstamping, which doesn’t work, is denying you your rights to have access to these guns.”


“We’re not abandoning the [California] market at all, we are trying our hardest to stay in the market,” he continued. “We’re committed to California and we’re fighting this every inch of the way.”


In other words, they’re not abandoning their fans, enthusiasts and customers in California. They’re going to do whatever they can to see that this inane law gets struck down.

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California Waiting Period Fails To Meet Constitutional Muster

December 9, 2013 by 2 Comments

Senior Federal District Court Judge Anthony W. Ishii denied Attorney General Kamala Harris’ Motion for Summary Judgment today and indicated that California’s 10-day waiting period probably is unconstitutional when viewed under either intermediate or strict scrutiny.

The CalGuns Foundation which along with the Second Amendment Foundation brought the case
challenging the 10-day waiting period is extremely pleased by this development as noted in their press release below.

I’ll have more after I’ve had to read the ruling. Sebastian at Shall Not Be Issued has some comments on the case here. Likewise, Professor Eugene Volokh has his analysis of the decision here.

From CalGuns:

Federal Judge Says California Attorney General Kamala Harris Wrong on Gun Control Laws

Court denies Harris’ arguments and agrees with gun rights group The Calguns Foundation, says state’s firearm waiting period laws fail to meet Constitutional muster

ROSEVILLE, CA — In a rejection of California Attorney General Kamala Harris’ stance on the rights of law-abiding gun owners, Senior Federal District Court Judge Anthony W. Ishii denied Harris’ motion for summary judgement today in a federal civil rights lawsuit filed by The Calguns Foundation, indicating that California’s 10-day “waiting period” gun laws are likely unconstitutional.

“The fact that a federal judge saw these laws for what they are — baseless restraints on the exercise of a fundamental civil right — is monumental,” explained Gene Hoffman, Chairman of The Calguns Foundation. “California’s waiting period laws for those who own guns is not Constitutional and this order really underlines the point.”

In his order, Judge Ishii said that Harris has “not presented sufficient evidence to show that the [10-day waiting period laws] passes either intermediate or strict scrutiny.”

About the laws being challenged in the case, named plaintiff Jeff Silvester of Hanford, California, said, “I have a license to carry a loaded firearm across the State.It is ridiculous that I have to wait another 10 days to pick up a new firearm when I’m standing there in the gun store lawfully carrying one the whole time.”

“This is certainly an exciting development in Second Amendment case law,” noted Brandon Combs, an individual plaintiff in the case and the Executive Director of The Calguns Foundation. “If our Constitution means what it says, then California’s gun waiting period laws have to be overturned and law-abiding people must be allowed to exercise their rights without irrational infringements.”

Regardless of the final decision at the district court, the case is virtually certain to end up at the Ninth Circuit Court of Appeals, and possibly even the United States Supreme Court.

“Cases like this one will define the limits of government regulations on firearms and Second Amendment rights,” said Combs. “We look forward to making sure laws like California’s waiting period are properly scrutinized by the courts.”

Judge Ishii was appointed to the Federal District Court for the Eastern District of California by President Bill Clinton in 1997.

A full copy of the Court’s December 9, 2013, order may be viewed at http://www.calgunsfoundation.org/?p=1683.

The press release announcing the lawsuit and case docket may be viewed at http://www.calgunsfoundation.org/?p=1024.

UPDATE: Here is the correct link to the Court’s Dec. 9th order denying the motion for summary judgment.

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California – Brown Vetoes Some And Signs Some

October 13, 2013 by

With three days to go, Gov. Jerry Brown (D-CA) signed some of the many gun control bills on his desk and vetoed the rest. While vetoing the worst gun control bill (SB 374) that would have banned virtually all semi-automatic rifles with detachable magazines, he did sign AB 711 which mandates a phase-out of all lead ammo for hunting by 2019.

A list of the bills in numerical order and their disposition courtesy of the San Jose Mercury and posted in CalGuns.net is below:

SB 127 by Sen. Ted Gaines, R-Rocklin — Requires that reports by a licensed psychotherapist to a local law enforcement agency of someone who has communicated a serious threat of physical violence against a reasonably identifiable victim or victims be made within 24 hours; also requires local law enforcement agencies, when they receive such reports, to notify the Department of Justice electronically and within 24 hours. SIGNED

SB 299 by Sen. Mark DeSaulnier, D-Concord — would require gun owners to report a gun theft or loss to police within seven days of knowing about it. VETOED

SB 363 by Sen. Roderick Wright, D-Los Angeles — expands the crime of “criminal storage” to include keeping a loaded firearm within premises where a prohibited person is likely to gain access and actually accesses and causes injury. SIGNED

SB 374 by Senate President Pro Tem Darrell Steinberg, D-Sacramento — would add all semi-automatic rifles with detachable magazines to the state’s list of banned assault weapons. VETOED

SB 475 by Sen. Mark Leno, D-San Francisco — would essentially ban gun shows at the Cow Palace by requiring they be approved by San Francisco and San Mateo supervisors. VETOED

SB 567 by Sen. Hannah Beth Jackson, D-Santa Barbara — would update the definition of an illegal shotgun to include a shotgun with a revolving cylinder and a rifled bore. VETOED

SB 683 by Sen. Marty Block, D-San Diego — would require owners of long guns to earn safety certificates like those already required of handgun owners. SIGNED

SB 755 by Sen. Lois Wolk, D-Vacaville — would expand list of convicts who can’t legally own guns to include those with multiple drug or alcohol crimes, street gang members and others. VETOED

AB 48 by Assemblywoman Nancy Skinner, D-Berkeley — would ban conversion kits that allow people to turn regular magazines into high-capacity magazines. SIGNED

AB 169 by Assemblyman Roger Dickinson, D-Sacramento — would tighten exemptions to the law prohibiting purchase of handguns that haven’t been tested and deemed safe by the state. VETOED

AB 170 by Assemblyman Steven Bradford, D-Gardena — would provides that only an individual person, not an organization, may be issued a permit to possess an assault weapon, .50 BMG rifle, or machine gun. SIGNED

AB 180 by Assemblyman Rob Bonta, D-Oakland — would give Oakland an exemption from state pre-emption so it can pass its own stricter gun registration or licensing statutes. VETOED

AB 231 by Assemblyman Phil Ting, D-San Francisco — would make it a crime to leave a loaded firearm somewhere a child is likely to be able to get it without permission. SIGNED

AB 500 by Assemblyman Tom Ammiano, D-San Francisco — would tighten gun safety laws on safe storage to include households where someone is prohibited from owning a gun; also allows additional time for Department of Justice background checks. SIGNED

AB 538 by Assemblyman Richard Pan, D-Sacramento — Requires a licensed firearm dealer to provide copies of the dealer’s record of sale (DROS) to a firearm purchaser at the time of delivery. SIGNED

AB 539 by Pan — lets someone who’s temporarily prohibited from owning or possessing a firearm to transfer firearms in his or her possession or ownership to a licensed firearms dealer for storage. SIGNED

AB 711 by Assemblyman Anthony Rendon, D-South Gate — would ban use of lead ammunition in hunting by mid-2019. SIGNED

AB 1131 by Assemblywoman Nancy Skinner, D-Berkeley — would extend from six months to five years the prohibition from owning firearms for those who’ve described a credible violent threat to a psychotherapist. SIGNED

 The National Shooting Sports Foundation had this to say, in part, about Brown’s actions on Friday.

“We are greatly disappointed that Gov. Brown decided to sign AB 711, which as we view things today will effectively end or greatly curtail hunting in California, given the restrictions on the use of non-traditional ammunition.” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “We will have more to say on this important issue, but it is mind boggling that the governor would shut down this American tradition and actually imperil the substantial conservation funding that is provided to California through the federal excise tax on ammunition.”

Keane continued: “We are pleased that Gov. Brown vetoed SB 374 and AB 180, however, as these proposed restrictions on law-abiding Californians would have done nothing to make the state safer.”

From the Firearms Policy Coalition which includes both the CalGuns Foundation and Cal-FFL as founding members.

Last Thursday, Firearms Policy Coalition Managing Director Brandon Combs delivered 65,000 letters from individuals to the Governor’s office urging Gov. Brown to veto the bills and protect the civil rights of law-abiding gun owners.

“We can thank tens of thousands of individuals who rose to the challenge for today’s defeat of Sen. Steinberg’s outrageous SB 374,” said Combs of the Governor’s veto.

In spite of an “all-in” push for new gun control measures led by extremists like Sen. Steinberg and anti-rights special interest groups including Michael Bloomberg’s Mayors Against Illegal Guns, the Brady Campaign, and Moms Demand Action, the gun rights community was able to secure a roughly 80% loss rate for California gun control bills.

“Our Demand Rights campaign ramped very quickly thanks to FPC’s online ‘Take Action’ grassroots activism platform,” explained Combs. “We were able to start up where last year’s successful Stop SB 249 campaign left off. FPC’s unique ability to scale agile grassroots efforts in realtime made the difference in how we were able to pull together such a large, diverse coalition of citizen activists for an unprecedented number of issues.”

Some bills, like Senator Leland Yee’s SB 47 ban on “Bullet Button” firearms, those having a magazine locking device, are likely to return when the Legislature reconvenes.

“We told them ‘not one more inch’ and we meant it,” concluded Combs. ”We’ll celebrate the wins, learn from the losses, and come back stronger than ever to fight for gun owners’ Second Amendment rights.”

So far, I haven’t seen any official response to these bills from the NRA-ILA, GOA, SAF, or CCRKBA.

The gun prohibitionists were not altogether pleased about Brown’s actions. While they got some of what they wanted it was not everything.

The Brady Campaign criticized Brown for not doing more.

“We are disappointed that the Governor vetoed important gun reform bills designed to keep guns out of the hands of dangerous people,” said Dr. Dallas Stout, President of the California Chapters of the Brady Campaign to Prevent Gun Violence. “We know that these gun policies work and would have saved lives.”

Governor Brown did sign other substantial gun reform bills into law. This includes AB 500 that requires safe storage of firearms in homes where a severely mentally ill person, a felon, or other prohibited person resides, and AB 48 that prohibits large-capacity ammunition magazine “conversion kits” that are used to subvert California’s law to restrict massive firepower of certain weapons.

“California did make strides today, but we wish Governor Brown had done more. There is more work to be done when Californians are still in danger of gun violence every day,” added Stout.

The lefty California-based Courage Campaign went much further in their criticism of Brown calling his actions “cowardly”.  They pledge to hold Brown accountable for “kowtowing to the gun lobby” on their fund raising page.

“Today, in vetoing a series of gun safety measures, Governor Brown choose to put craven political considerations above the safety and well-being of California’s more than 38 million residents.

Governor Brown, a former Mayor of Oakland, knows first hand the dangers of gun violence and the need for strong laws to protect California’s residents, which makes his actions all the more inexcusable. With over 1,143 Californians dead from gun violence since the Newtown massacre, next time there is a murder with an assault weapon, the Governor will have blood on his hands and have to answer for his vetoes today. This is the kind of cowardly behavior we expect from out NRA-owned elected officials in Washington, not from a California democrat who should know better.

The anti-hunting organizations, however, were quite pleased with Brown for signing AB 711 which banned lead in hunting ammo. The Humane Society of the US led the charge on this and got their wish.

“California has led the nation in creating humane laws, and today’s action by Governor Brown to eliminate lead from hunting ammunition is an incredible victory for wildlife and humans alike,” said Jennifer Fearing, California senior state director for The Humane Society of the United States. “This common-sense law should serve as an example for the rest of the nation on the urgent need to stop releasing this dangerous toxin into the environment.”

Many in the hunting community in California have been divorced from the fights for gun rights as shotguns and bolt action rifles have not been targeted. By signing AB 711, Brown may have finally pushed California hunters to think more about gun rights in general as they are no longer “safe” from the anti-gunners.

Given the length of this post, I’ll save an analysis of Brown’s signing and veto messages for another time.

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65,000 Is A Start. Still Time To Send More

October 4, 2013 by 2 Comments

This morning Brandon Combs of the Firearms Policy Coalition and Craig DeLuz of Cal-FFL delivered 65,000 letters to the office of Gov. Jerry Brown (D-CA) asking him to veto the 14 gun bills sitting on his desk. He has until October 14th to either sign or veto these bills. Bills that he doesn’t veto become law with or without his signature.

image dsc

PHOTO:
Brandon Combs, managing director of the Firearms Policy Coalition,
left, and Craig DeLuz, legislative advocate for California Association
of Federal Firearms Licensees, deliver about 65,000 petitions urging the
governor’s veto of 14 gun bills. Credit: The Sacramento Bee/Christopher
Cadelago. Link to story.

From the Firearms Policy Coalition’s release which includes a link to send a letter to Gov. Brown:

SACRAMENTO, CA — Earlier this morning, Firearms Policy Coalition (FPC) Managing Director Brandon Combs, joined by California Association of Federal Firearms Licensees (CAL-FFL) Legislative Advocate Craig DeLuz, delivered 65,000 letters from individuals urging California Governor Jerry Brown to veto the 14 gun control bills currently on his desk.

The gun bills include SB 374, a massive new ban on common semi-automatic rifles authored by Senate President Darrell Steinberg, as well as laws that would ban firearm repair parts, handgun sales, lead ammunition for hunting, and exempt the City of Oakland from longstanding state laws that preempt dangerous localized gun registration schemes, among others.

“We sincerely appreciate the thousands of people who have voiced their concerns to the governor on these anti-gun measures. 65,000 letters sends a very loud-and-clear message: Californians just don’t want these horrible new laws,” said CAL-FFL’s DeLuz of the tremendous turnout by California gun owners.

FPC’s Brandon Combs said that that the fight is far from over and noted that people should keep calling and writing the Governor’s office every day. “We encourage all gun owners and Second Amendment supporters to send Governor Brown a letter through our fast, easy, and free gun rights activism tools at www.DemandRights.com.”

“We will keep printing, faxing, and emailing letters to Governor Brown until the very end,” continued Combs. “Gun owners simply must keep up the pressure for these final few days.”

Governor Brown has until October 14, 2013 to sign or veto the bills. Bills that are not vetoed will become state law. Governor Brown’s State Capitol office phone number is (916) 445-2841.

If stopping these bad bills isn’t enough, you will still have a chance to win a Benelli M4 shotgun that they are giving away to anyone who uses their site to send a message to Gov. Brown. That seems like a win-win to me.

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Fire Mission From CalGuns Foundation

September 24, 2013 by 2 Comments

It’s time to help out friends in California. While many might write California off as a lost cause, it isn’t so long as you have groups like CalGuns, Cal-FFL, and the Firearms Policy Coalition fighting them.

Gov. Jerry Brown (D-CA) might also be known as Gov. Moonbeam but he is a gun owner and signed on to the amicus brief in support of the McDonald case when he was the Attorney General.

So help out our friends in California and perhaps win a Benelli M4 while you are at it.

Works for me.

Oppose DOJ’s new anti-gun regulations NOW!

** GUN RIGHTS FIRE MISSION **


Write DOJ to OPPOSE new anti-gun regulations

 — less than 24 hours left to submit comments! —

WHAT: Send DOJ your written opposition to their proposed anti-gun regulations

WHEN: BEFORE 5 p.m. on Tuesday, September 24, 2013.

WHY: Among other things, DOJ is trying to make “DROS
delays” permanent and remove its lawsuit liability through their
proposed regulations.

HOW: Use FPC’s fast, easy, and free TAKE ACTION contact form at https://www.firearmspolicy.org/the-issues/california/2013-2014/proposed-doj-regulation-11-ccr-4210-et-seq. A
letter to DOJ addressing these outrageous proposed regulations is
already built-in to the FPC TAKE ACTION contact form; however, you may
edit the text as you like to reflect your personal concerns.

PUBLIC HEARING: DOJ will hold a public hearing to
receive public comments on the proposed regulatory action at 1:00 p.m.
on September 24, 2013, at the Department of Water Resources Auditorium
located at 1416 9th Street, in Sacramento, California. The auditorium is
wheelchair accessible. At the hearing, any person may present oral or written comments
regarding the proposed regulatory action. DOJ requests, but does not
require, that persons making oral comments at the hearing also submit a written copy of their testimony.

Please send your letter
RIGHT NOW, then SHARE THIS IMPORTANT MESSAGE to all of your pro-gun
family and friends. Post on Facebook & Twitter — help us get the
word out!


WIN a Benelli M4 by sending Gov. Brown a letter at DemandRights.com
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Assaulted: Civil Rights Under Fire To Be Shown In California State Capitol Building

August 23, 2013 by

The movie Assaulted: Civil Rights Under Fire will be shown, in of all places, the California Capitol Building. Given the assaults on gun and civil rights that have taken place in both the California Senate and Assembly, I can’t think of a better place to show that movie. While I doubt that it will change any of the narrow minds of the gun prohibitionist politicians, the symbolism is enough.

From the release about the event by Cal-FFL along with details of this showing and another public one in Sacramento:

CAL-FFL, California Assemblyman Tim Donnelly to Co-Host Showing of Gun Rights Documentary Inside California Capitol Building

Aug. 28th public screening at the Crest Theatre follows private Capitol screening at noon; CAL-FFL giving away 100 free movie tickets and posters for the public screening.

SACRAMENTO, CA (August 22, 2013) — Second Amendment civil rights are under fire by the California Legislature, according to leading industry and consumer group California Association of Federal Firearms Licensees (CAL-FFL). To help underscore the point, civil rights advocates have taken their argument to the big screen — and are now bringing the big screen to the Capitol Building through the efforts of top-rated Assembly member Tim Donnelly (District 33 – Hesperia) and CAL-FFL.

In conjunction with CAL-FFL, Donnelly, who’s already declared his candidacy for the 2014 gubernatorial election, will host a private screening of the Second Amendment-focused documentary ‘Assaulted: Civil Rights Under Fire’ inside the State Capitol to educate members of the Legislature and staff about this historic civil rights struggle.

“We are honored that Assemblyman Donnelly chose to present our film on civil rights to his colleagues – the very elected members who are working hard to pass bills that would effectively end the Second Amendment in California for many years to come,” said Emmy Award-winning producer and writer Kris Koenig, the film’s writer and director. “Most of these bills aren’t even rationally related to actual crime data. Our research and film clearly shows that these bills won’t improve public safety. If they watch the film they will come to understand why.”

“I spent the last eighteen months of my life creating this film because I saw our rights being wholesaled off for political gain with no real benefit to public safety,” continued Koenig. “It’s like the NSA invading our privacy with no real connection to global terrorism.”

The Los Angeles Times called ‘Assaulted’, narrated by critically-acclaimed rapper and actor Ice-T, “a reasoned counter to Michael Moore’s ‘Bowling for Columbine’.” The film takes a step back from the public discourse on issues like banning assault rifles and restricting magazine capacity. Instead of heavy rhetoric, ‘Assaulted’ offers a unique historical and legal perspective on the Second Amendment’s significance over the years since America’s founding, taking a critical and objective look at current gun laws and their effect on civil rights and liberty. The film includes commentary by preeminent UCLA constitutional law professors Adam Winkler and Eugene Volokh as well as attorney Alan Gura, the lawyer who secured 2 major victories for gun owners in landmark cases before the U.S. Supreme Court. Interviews include Dan Gross, president of the Brady Campaign, Margot Bennett, executive director of Women Against Gun Violence, and the advocate/entertainer Ted Nugent.

“California’s gun control movement has always been about keeping ‘those people’ from exercising their rights,” said Craig DeLuz, CAL-FFL’s Legislative Advocate. “In the 1800s, ‘those people’ were the Chinese and Native Americans. In the 1960s, it was the Black Panthers. Today, you and I are ‘those people’ – ‘Assaulted’ shows how we got here and why we have to avoid repeating the same gun control mistakes we’ve made in decades past that continue to cost innocent people their lives.”

“The opportunity to educate the members of the California Legislature and their staff about the civil rights aspect of the gun control bills they’re working to pass as we speak is just tremendous. We simply cannot thank Assemblyman Donnelly enough for his generosity and tireless efforts to defend our fundamental Second Amendment rights,” said Brandon Combs, President of CAL-FFL and Managing Director of the national Firearms Policy Coalition.

Continued Combs, “We hope that all public officials and senior staff of agencies like DOJ will watch the film and give real thought to the arguments made regardless of their personal views. When lawmakers make mistakes writing gun laws innocent people go to jail, period. Getting caught in the dangerous, confusing, and expanding gun control spider web is not a very pleasant future for millions of law-abiding California gun owners, visitors, and local businesses.”

CAL-FFL will be hosting a public screening of ‘Assaulted’ at the Crest Theatre, located at 1013 K St., at 6 p.m. that same evening. CAL-FFL is giving away free tickets to the first 100 people who RSVP and request tickets at http://www.calffl.org/assaultedtickets. All Crest attendees will receive an ‘Assaulted’ movie poster that can be signed by Koenig.

Government officials, staff, and members of the press can request a complementary ticket to the 6 p.m. screening at the Crest Theatre by emailing Craig DeLuz at cdeluz@calffl.org or by calling him at (916) 595-0264. Tickets may also be purchased for $12 from Tugg at http://www.tugg.com/events/5116.

Participants are invited to join Kris Koenig, Craig DeLuz, and Brandon Combs for discussion and Q&A about the film, gun control in California, and the status of Second Amendment litigation immediately following the 6 p.m. showing at the restaurant Pizza Rock, located at 1020 K St., just steps away from the Crest Theatre.

DETAILS

WHAT: Assaulted: Civil Rights Under Fire (Private Screening)
WHEN: August 28, 2013 – 12 Noon

WHERE: California State Capitol Building

WHAT: Assaulted: Civil Rights Under Fire (Public Screening)
WHEN: August 28, 2013 – 6 p.m.
WHERE: Crest Theatre (1013 K St., Sacramento, CA 95814)

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Welcome To The Party, Guys!

July 30, 2013 by 6 Comments

The average Californian who wants to own a firearm especially a handgun has to deal with a whole host of rules and regulations that are enough to make your head swim. Now, in what can only be termed schadenfreude, so too must Federal law enforcement officers stationed in the state of California.

California Attorney General Kamala Harris, deemed by Obama to be “the best looking attorney general in the country”, has changed the policy of the Department of Justice that previously exempted Federal law enforcement officers from Roster of Handguns Certified for Sale. She determined California law had not carved out an exemption for them.

California gun law attorney Chuck Michel has this to say about the issue:

California citizens are just as frustrated as federal law enforcement officers with the situation. When the roster of available pistols they can purchase dwindles down to a limited few – because manufacturers are refusing to implement “microstamping” – federal law enforcement’s objections will grow louder. And if pending legislation (SB 293) concerning “smart guns” passes and is signed by the Governor, federal law enforcement will also be forced to choose from an even more limited number of models … just like civilians.

Forgive us mere civilians if we aren’t completely sympathetic to the plight of the feds.

The Feds predicament stems from a recent (and correct) change in the Attorney General’s interpretation of existing California law. While California law restricts the sale of “unsafe handguns” by dealers, there are some exceptions to the restriction. The exception used by most law enforcement agencies and officers, and the one used until recently by federal law enforcement officers, was the following:

The sale or purchase of any pistol, revolver, or other firearm capable of being concealed upon the person, if the pistol, revolver, or other firearm is sold to, or purchased by, the Department of Justice, any police department, any sheriff’s official, any marshal’s office, the Youth and Adult Correctional Agency, the California Highway Patrol, any district attorney’s office, or the military or naval forces of this state or of the United States for use in the discharge of their official duties. Nor shall anything in this section prohibit the sale to, or purchase by, sworn members of these agencies of any pistol, revolver, or other firearm capable of being concealed upon the person.

Pen. Code, § 32000(b)(4)

You might notice, as did the California’s Attorney General, that federal law enforcement officers are not mentioned in this exception! The “Department of Justice” referred to in this section is the California Department of Justice, not a federal agency. So the AG’s analysis is correct: federal law enforcement is not exempt from the “unsafe handgun” restriction.

 He has much more on the issue here.

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Ammo Sales Report From Kalifornistan

March 19, 2013 by 2 Comments

The Crossroads of the West Gun Show was held in Sacramento this past weekend. The local CBS station, Channel 13, sent a reporter out to the show held at Cal Expo for a report.

From the looks of things, these people were not just buying a few boxes. Anytime you need a handcart to move your ammo, that’s a lot!

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Wouldn’t This Make Them “In Common Use”?

January 24, 2013 by

The Fontana School District is buying 14 Colt Model LE6490 AR-15s to equip school police officers. They will be stored at school police headquarters to be used in case of an active shooter situation.

I won’t even touch up on the level of firearms ignorance espoused by the opponents of the police being armed with AR-15s.

However, as SayUncle pointed out yesterday, he doubted that the most popular rifle type in America is “unusual” taken in the context of the Heller decision. Sebastian takes this a step further.

I’ve also advocated that the courts should consider police use when
making a determination about “common use.” If a type of weapon is part
of ordinary police equipment, it can’t be dangerous and unusual, and
ought to be defined as in common use, even if it’s only in common police
use.

I agree with both SayUncle and Sebastian that the AR-15 is in common use. One could argue that the move by the Fontana School District and their police force puts the “normal” AR-15 into common use in California. There is no mention of the police having to have bullet buttons or reduced capacity magazines in the report from CBS Los Angeles. This is something to bear in mind if the California Assembly tries to adopt even more draconian gun laws.