Tag Archives: magazines

Federal Lawsuit Filed Against Magazine Ban

Facebooktwittergoogle_pluspinterestyoutube

The Second Amendment Foundation, joined by several other groups and individuals, has filed a lawsuit in federal district court in California, challenging that state’s law prohibiting the possession, use, or acquisition of so-called “large-capacity magazines,” calling the ban “hopelessly vague and ambiguous.” This case could have repercussions on a similar magazine ban in Colorado.

the second amendment foundation

Joining SAF are the Calguns Foundation, Firearms Policy Coalition, Firearms Policy Foundation and six individuals, including one retired California peace officer. The lawsuit was filed in U.S. District Court for the Eastern District of California.

The complaint is a constitutional challenge to California Penal Code § 32310, as recently amended by Senate Bill 1446 and Proposition 63, and Penal Code § 32390 (the “Large-Capacity Magazine Ban”). The lawsuit alleges that if these measures are enforced as applied, they would “individually and collectively prohibit law-abiding citizens from continuing to possess, use, or acquire lawfully-owned firearms, in common use for lawful purposes such as self-defense (inside and outside the home), competition, sport, and hunting.”

“What we see in the enactment of such laws,” said SAF founder and Executive Vice President Alan M. Gottlieb, “is continued erosion by the state of its citizens’ constitutional rights guaranteed under the Second Amendment. When the U.S. Supreme Court incorporated the Second Amendment to the states via the 4th Amendment under the 2010 McDonald ruling, it automatically should have stopped this kind of prohibition.

magpul pmag ar magazine“As we state in our lawsuit,” he continued, “this magazine ban fails to provide fair or even adequate notice to law-abiding gun owners of what they may do with their personal property without being subject to criminal sanctions. In effect, this ban amounts to a backdoor form of confiscation, in part, of bearable arms that are protected by the Constitution.

“Enforcement of this ban,” Gottlieb concluded, “would immediately place thousands of law-abiding California gun owners in jeopardy of criminal liability and subjects their personal property to forfeiture, seizure and permanent confiscation, which is government taking, without due process or compensation. We cannot allow that to go unchallenged.”

The Second Amendment Foundation is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

 

Check out these other great articles from U.S. Law Shield and click here to become a member:

The just-released video above is from the Florida State Attorney’s Office, supporting a judge’s ruling that a citizen who opened fire on a man attacking a Lee County deputy last year was justified in using deadly force.
Taking the family to a state or national park this summer? Then you need to know the rules about firearms carry at your destinations,

Gun retailers report a run on firearms ahead of new California restrictions

Facebooktwittergoogle_pluspinterestyoutube

Trump’s victory might have slowed guns sales overall, but in California people are scrambling to get into gun stores before January first, here’s why…


Source: Los Angeles Times


Governor Jerry Brown’s approval of sweeping gun control legislation in July has triggered a run on firearms in California, with some stores reporting that sales have doubled since that law passed.

Under this new law signed by the governor, starting January 1, the general public in California can no longer buy a semi-automatic rifle equipped with a “bullet-button” that allows for the quick removal and replacement of ammunition magazines. [Senate Bill 880 and Assembly Bill 1135]

 

Guns purchased before January 1 can be kept as long as the owner registers the gun with the state as an assault weapon. As a result, sales have at least doubled at many California gun stores, store owners report.

“When Governor Brown signed that bill, the first 30 days in July were just insane,” said Joshua Deaser, owner of Just Guns in Sacramento. “It died down for a while but now we are back with everyone trying to get what they can before the end of the year.”

Terry McGuire, owner of the Get Loaded gun store in the city of Grand Terrace in San Bernardino County, said people are clamoring to buy semi-automatic rifles before midmonth, given that the state background check process takes about 10 days. McGuire: “We have people lined up out the door and around the block.”

State officials confirm there has been a surge in gun sales. The number of semi-automatic rifles registered this year with the state has more than doubled over last year, according to the California state Department of Justice. In the less than six months since the July 1 signing of the legislation, 257,895 semi-automatic rifles have been purchased, eclipsing the 153,931 rifle purchases reported to the state in all of 2015, the state agency said.

Purchases of all firearms, including handguns, have jumped 40-percent over last year, to nearly 1 million in 2016 year, according to the state agency.

“We expected this,” said Sam Paredes, executive director of Gun Owners of California. “Any time the government comes up with a ban on guns, the public rushes to buy them to make sure they have at least one.”

 

Assemblyman Phil Ting (D-San Francisco), a coauthor of the bill, said military-style weapons “enable shooters to take the most lives in the least amount of time” and there is no place for them on California’s streets.

“All of us should be able to go to work and send our kids to school free from the fear of becoming a mass shooting victim,” Ting said. “The bullet-button loophole undermined California’s assault weapons ban and the shocking loss of life in San Bernardino last year revealed the subsequent threat to public safety.”

Assemblyman Marc Levine (D-San Rafael), another coauthor of the bill, said the new law is important. “We raise our children in communities, not war zones,” he said. Levine downplayed the increase in gun sales currently being experienced by California stores. “Gun sales have trended up for a while now,” he said. “Anxiety and strife are being sowed throughout American society. The Legislature acted to limit bloodshed in our communities.”

In addition to the rifle ban, gun owners are anxious about a law by Senate leader Kevin de León (D-Los Angeles) that will require ammunition purchasers to undergo background checks in 2019, and the recently approved initiative by Lt. Gov. Gavin Newsom that included gun control measures such as a ban on possessing magazines that can hold more than 10 rounds.

“It’s like Gavin Newsom, Kevin de León, and Jerry Brown are the biggest marketing and sales guys for AR-15 and AK-47-style rifles in the state of California,” Gun Owners of California’s Paredes said. “Because of their actions, people are buying them any way they can.”

Brown, Newsom, and De León did not respond to requests for comment on the run on guns.

 

Customers who are buying the guns are as upset as store owners, according to Pete Brown, the retail sales manager at American Gun Works in Glendale, where he said sales are “way up.” “People are angry,” Brown said. “They are angry with the Legislature because [the law] doesn’t address crime. Nothing in the law addresses criminals. It’s another way of cutting back on what’s available to law-abiding citizens, and that’s why they are angry.”

Alex Lopez, the owner of Western Firearms in Bell, confirmed that gun buyers don’t like the direction the new laws are taking the state. “They can’t figure out how this is going to affect criminals from getting access to firearms,” Lopez said.

In addition to the rifle ban, gun owners are anxious about a law by Senate leader Kevin de León (D-Los Angeles) that will require ammunition purchasers to undergo background checks in 2019, and the recently approved initiative by Lt. Gov. Gavin Newsom that included gun control measures such as a ban on possessing magazines that can hold more than 10 rounds.

Background: A “bullet-button” is a device used to remove a magazine in a semi-automatic rifle, replacing the standard magazine release with a block which forces the user to remove the magazine by using a tool to depress a small plunger, as opposed to his or her finger. This allows rifles to comply with California’s firearms law. The name came about due to a 1999 California State law which said that a “bullet or ammunition cartridge is considered a tool.” The bullet button was invented and named by Darin Prince of California in January 2007. The 2012 court case Haynie v Pleasanton validated that a bullet-button is legal and rifles that have one installed are not considered assault weapons.


Folks, don’t rest easy… There’s an old and true saying: All politics is local… Laws exist at all levels of government, not just the Federal, and these laws most decidedly can have at least the same impact, and more, on American citizens as anything done across-the-board nationally.


bullet-button
Background: A “bullet-button” is a device used to remove a magazine in a semi-automatic rifle, replacing the standard magazine release with a block which forces the user to remove the magazine by using a tool to depress a small plunger, as opposed to his or her finger. This allows rifles to comply with California’s firearms law. The name came about due to a 1999 California State law which said that a “bullet or ammunition cartridge is considered a tool.” The bullet button was invented and named by Darin Prince of California in January 2007. The 2012 court case Haynie v Pleasanton validated that a bullet-button is legal and rifles that have one installed are not considered assault weapons.