Posted on 07/13/2010 2:46:34 PM PDT by StateAmmunition
Seven months before California’s new law regulating the sale of ammunition fully takes effect, a local ammunition business has taken the state to court with a constitutional challenge.
State Ammunition Inc. in Ventura has filed a federal suit alleging the law violates the Commerce Clause by prohibiting ammunition sellers from making sales that aren’t face-to-face transactions.
“StateAmmo.com will be unable to sell ammunition to purchasers in 49 other states, resulting in an immediate and devastating loss of income, business growth, good will and customers,” the suit states.
A second plaintiff, Jim Otten, who sells ammunition from Minnesota at A1ammo.com, would likewise be blocked from selling ammunition to customers in California.
“Each will suffer irreparable harm if the court does not enforce the provisions of the United States Constitution and use its power to strike down AB 962,” the complaint states.
A spokesperson for the California Attorney General’s Office declined to comment.
On Oct. 11, Gov. Arnold Schwarzenegger signed AB 962 into law, putting restrictions on the purchase of certain ammunition. Some of the legislation — a portion mandating that all handgun ammunition for sale must be kept behind the counter and not out on open shelves — went into effect in January.
The rest goes into effect Feb. 1, 2011. It requires retail sellers to do background checks, take thumbprints and check IDs of customers. It also makes it illegal to sell handgun ammunition to felons and people who intend to use the ammunition for rifles.
But a third plaintiff, a retired, disabled Marine Corps veteran, Jim Russell of Fallbrook, claims he’ll be unable to purchase handgun ammunition through the Internet as a result of the law, making it difficult for him because he’ll have to travel to make in-person purchases.
Kevin Chaffin, owner of State Ammunition, said out-of-state residents are extremely confused by the law and have been calling him, perplexed.
“Even the existence of the law is hampering business because so many people around the country have given up on California,” he said.
The lawsuit argues the legislation is poorly drafted with a vague definition of “handgun ammunition,” and contains requirements that vendors can’t comply with.
According to the complaint: “Vendors are required to guess what is or is not considered handgun ammunition, then after that guess is made, they are required to somehow determine the subjective intent of the ammunition purchaser.”
“It is terribly written,” said Chaffin, who also practices law in Ventura and wrote the complaint.
He realizes many in the public may want the law, but he believes the way the state’s making changes violates the Constitution.
“The problem for people who are against gun ownership and rights is that the Constitution protects it,” he said. “The way to change the law, if that’s what they want to do, is to convince enough people to amend the Constitution. The way to go about it is to change the Constitution, not violate it.”
A new bill, AB 2358, is working its way through the state Legislature and would clarify and address some of the concerns the gun lobby has with AB 962, according to Juliet Leftwich, legal director of Legal Community Against Violence, which co-sponsored AB 962 and is working on AB 2358.
“AB 2358 makes clear that Internet and other mail order sales are permissible so long as they are transacted through a California ammunitions vendor,” she said.
Read more: http://www.vcstar.com/news/2010/jul/12/lawsuit-aimed-at-ammunition-restrictions-object/#ixzz0tbHIkNrD - vcstar.com
Live Free or Die bump
How about a law that says politicians can only pass laws that effect people they can see. That makes more sense to me.
That is a good summary of the situation.
The solutions, of course, is to stop selling ammo the Democratik People’s Republik of Kaliforia.
Also, no ammo sales to CA government agencies.
Mr. Chaffin, please relocate your company to Idaho. We would welcome your business and the jobs it would create. Unlike the People's Republik of Commiefornia, we actually want firearms and ammo owners to be successful and turn out lots of product!
Scouts Out! Cavalry Ho!
Scouts Out! Cavalry Ho!
BLOAT.
Move the biz to Texas where you will be appreciated.
“Move the biz to Texas where you will be appreciated.”
AMEN!
Let 'em make their own.
L
Not correct. Here's the Chaptered version:
It also makes it illegal to sell handgun ammunition to ... people (less than 18 years of age) who intend to use the ammunition for rifles.
State government New Age fools and misguided Utopianists dither with incipient bankruptcy while jerking themselves off over childish trivia calculated merely to incommode the politically disenfranchised.
California yields us all a view of the future under Obama’s socialism.
Call the NRA for help. This law is an unreasonable infringement of the newly incorporated Second Amendment, IMHO. It probably violates the Firearm Owners Protection Act of 1986 too.
Wouldn't that be awesome! These idiots are just driving buisness out of CA and they still keep passing laws to make it worse!
My hope is that even the CA courts have to follow the Constitution at some point!
“and people who intend to use the ammunition for rifles.”
Huh???
This makes no sense at all.
The government knows what is best for you.
That kills the .22 rimfire market for the young.
Until you consider that it kills the .22 rimfire market, the most affordable and best way for the young to shoot and the rest of us to practice.
New laws should be limited to 3 pages double
spaced and not passed until voted on after
after the next election.
All the necessary laws have already been passed.
They claim that they seek “safety,” but wish to kill the market for the least lethal caliber?
Makes perfect sense now.
.
Lethality isn’t the issue. Choke off the availability of .22 and you’ll eliminate the next genenration of shooters.
All four of my kids learned to shoot on Win mag rifles (yes, even the girls).
.
The point is that the California Reich is trying to BAN the sale of ALL .22 ammo to people under 21, who would be shooting it almost exclusively in RIFLES. Seig Heil with a smile!
The point is that the California Reich is trying to BAN the sale of ALL .22 ammo to people under 21, who would be shooting it almost exclusively in RIFLES. Seig Heil with a smile!
Foolish and trivial; meanwhile, the state goes broke due to SIGNIFICANT problems, utter and incompetent mismanagement, and outright corruption.
Somewhere I saw a line that would be a GREAT bumper sticker: “Now is the time for all REAL Americans to put our 2nd Amendment FIRST!”
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