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[CALIFORNIA STATE] COURT INVALIDATES UNCONSTITUTIONAL AMMUNITION REGULATION STATUTE (AB962)
Calguns Foundation ^ | 1/18/2011 | NA

Posted on 01/18/2011 12:50:03 PM PST by RKV

In a dramatic ruling giving gun owners a win in an National Rifle Association / California Rifle and Pistol (CRPA) Foundation lawsuit, this morning Fresno Superior Court Judge Jeffrey Hamilton ruled that AB 962, the hotly contested statute that would have banned mail order ammunition sales and required all purchases of so called “handgun ammunition” to be registered, was unconstitutionally vague on its face. The Court enjoined enforcement of the statute, so mail order ammunition sales to California can continue unabated, and ammunition sales need not be registered under the law.

The lawsuit was prompted in part by the many objections and questions raised by confused police, ammunition purchasers, and sellers about what ammunition is covered by the new laws created by AB 962. In a highly unusual move that reflects growing law enforcement opposition to ineffective gun control laws, Tehama County Sheriff Clay Parker is the lead plaintiff in the lawsuit. Other plaintiffs include the CRPA Foundation, Herb Bauer Sporting Goods, ammunition shipper Able’s Ammo, collectible ammunition shipper RTG Sporting Collectibles, and individual Steven Stonecipher. Mendocino Sheriff Tom Allman also supported the lawsuit.

The ruling comes just days before the portion of the law that bans mail order sales of so called “handgun ammunition” was set to take effect on February 1, 2011. The lawsuit, Parker v. California is funded exclusively by the NRA and the CRPA Foundation. If it had gone into effect, AB 962 would have imposed burdensome and ill conceived restrictions on the sales of ammunition. AB 962 required that “handgun ammunition” be stored out of the reach of customers, that ammunition vendors collect ammunition sales registration information and thumb-prints from purchasers, and conduct transactions face-to-face for all deliveries and transfers of “handgun ammunition.” The lawsuit successfully sought the declaration from the Court that the statute was unconstitutional, and successfully sought the injunctive relief prohibiting law enforcement from enforcing the new laws.


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: California
KEYWORDS: ab962; bang; banglist; calegislation; guns; lawsuit; nra; ruling; scoc
Thank you C.D. Michel.
1 posted on 01/18/2011 12:50:11 PM PST by RKV
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To: bang

!


2 posted on 01/18/2011 12:51:07 PM PST by RKV (He who has the guns makes the rules)
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To: RKV; DarthVader
.."durn tootin !"
3 posted on 01/18/2011 12:52:58 PM PST by kingattax (99 % of liberals give the rest a bad name)
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To: kingattax

The gun banners will be back. Then we’ll beat them again.


4 posted on 01/18/2011 12:53:53 PM PST by RKV (He who has the guns makes the rules)
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To: RKV

“unconstitutionally vague on its face”

This is good, but I’d rather see such laws struck down as violations of the Second Amendment than on a technicality like vagueness. That leaves the door open for the anti-gun nuts to come back with a more specific law.


5 posted on 01/18/2011 12:55:33 PM PST by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: dsc

Save that for the next round. Meanwhile spread fear, uncertainty and doubt among the enemies of liberty. And I’m saying that in the nicest way possible. ;>)


6 posted on 01/18/2011 12:57:18 PM PST by RKV (He who has the guns makes the rules)
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To: RKV

So.... what did they give up to get this? Nothing comes free, especially when the libtards are involved. What’s the catch?


7 posted on 01/18/2011 12:58:23 PM PST by HushTX (I have finally started reading The Federalist Papers. Great stuff!)
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To: RKV

!! WIN !!

I thought the law covered all kinds of ammunition, not just handgun ammunition?


8 posted on 01/18/2011 1:00:02 PM PST by smokingfrog (Do all the talking you want, but do what I tell you.)
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To: HushTX

The catch is this is a state court ruling and may be appealed, or the legislature will try again. Then we beat them again.


9 posted on 01/18/2011 1:00:58 PM PST by RKV (He who has the guns makes the rules)
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To: HiJinx

NRA/2nd Amendment PING


10 posted on 01/18/2011 1:02:25 PM PST by SandRat (Duty, Honor, Country! What else needs said?)
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To: smokingfrog

That will be the next bill. Then we bring in Alan Gura, go to federal court and he kicks their @$$. Again.


11 posted on 01/18/2011 1:02:43 PM PST by RKV (He who has the guns makes the rules)
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To: RKV

Yeah, I realize that much. I just anticipate something like a ban on magazines that hold more than 2 rounds, or magazines made out of plastic or metal. Or maybe the ammo issue is solved, but there is a 200% tax on all ammunition. I’m a grumpy cynic, though, so I automatically assume the worst.

And no, this is not an anti-California sentiment. I just wonder about the proverbial other shoe.


12 posted on 01/18/2011 1:07:57 PM PST by HushTX (I have finally started reading The Federalist Papers. Great stuff!)
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To: HushTX

My take is we need 2-3 more Supreme Court verdicts to get the CA legislature to give up. Working on making that happen. ;>)


13 posted on 01/18/2011 1:10:13 PM PST by RKV (He who has the guns makes the rules)
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To: RKV

Yeah baby!!!!!!!!!!!!!!!!!!!!


14 posted on 01/18/2011 1:12:05 PM PST by Enterprise (TSA - The Silly Agency)
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To: RKV
Yesterdays Times-Standard carried a story about local dealers stocking up on ammo in anticipation of a rush. Just a few months ago there was a shortage...
15 posted on 01/18/2011 1:12:13 PM PST by tubebender (The coldest winter I ever spent was a summer in Eureka...)
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To: RKV

Good luck with your future litigation.

Meanwhile, San Joaquin Valley warrants CC - one way or the other.


16 posted on 01/18/2011 1:14:05 PM PST by frog in a pot (We need a working definition of "domestic enemies" if the oath of office is to have meaning.)
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To: RKV
The lawsuit, Parker v. California is funded exclusively by the NRA and the CRPA Foundation.

I thought everyone had abandoned the single issue NRA for more "effective" groups like GOA.

17 posted on 01/18/2011 1:14:57 PM PST by Prokopton
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To: Prokopton

Actually its CalGuns and Second Amendment Foundation they’re going to. You know, SAF? The guys who brought you Alan Gura, Heller v. DC and McDonald v. Chicago? Those guys. And yes I’m an NRA member.


18 posted on 01/18/2011 1:20:24 PM PST by RKV (He who has the guns makes the rules)
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To: RKV

It’s always nice to see that a judge here or there still gives a rat’s behind about the US Constitution.


19 posted on 01/18/2011 1:21:09 PM PST by Lancey Howard
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To: smokingfrog

Law firm twitter feed.

http://twitter.com/MichelLawyers

free stuff

http://michellawyers.com/reference-materials/firearm-law-references/order-civil-rights-advocacy-cards-stickers-and-other-free-stuff/

http://michellawyers.com/wp-content/uploads/2010/10/Order-Form-10.28.10-Fill-Fields.pdf


20 posted on 01/18/2011 1:21:59 PM PST by smokingfrog (Do all the talking you want, but do what I tell you.)
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To: Lancey Howard

My 10th grade daughter could write this bill better than it was put together. Then again, she knows how to shoot and is logical. That said, she’s smart and would never agree to write such an obviously evil, unconstitutional piece of garbage.


21 posted on 01/18/2011 1:30:37 PM PST by RKV (He who has the guns makes the rules)
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To: RKV
Actually its CalGuns and Second Amendment Foundation they’re going to

Nope, that can't be it. SAF has only 650,000 members while the NRA still has 4,000,000. I'm sure I learned, right here at FR, that most everyone was quitting the NRA because they backed some pro-second amendment Democrat incumbents and weren't worth supporting anymore.

22 posted on 01/18/2011 1:47:30 PM PST by Prokopton
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To: Lancey Howard

HA HA!

Herb Bauer Sporting goods -Fresno’s finest.

The leftist tried to control CA’s water and ammo, but found the conservative core in Fresno to be too big a nut to crack.

We are winning small victories all over the place. This Leftist craphole can be taken back and restored but it’ll take committed conservatives to win the fight over the coming decades.


23 posted on 01/18/2011 1:47:52 PM PST by 1st I.D Vet
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To: RKV

It’s good to hear that there is SOME sanity in California howbeit so very seldom seen. Yeah!!!!


24 posted on 01/18/2011 1:53:21 PM PST by New Jersey Realist (Congress doesn't care a damn about "we the people")
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To: RKV

How much taxpayer money did the legislature waste promoting and passing a law that couldn’t pass Constitutional muster? How about a law that requires the legislators repay that money from their own pockets when they waste it on poorly crafted legislation?


25 posted on 01/18/2011 2:16:18 PM PST by TigersEye (Who crashed the markets on 9/28/08 and why?)
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To: RKV
So, now to buy ammo in CA your choices are to either go to Walmart or Big5 and give them your drivers license and let them take a thumb print...or to order from out of state with zero records, taxes or restrictions.

This one is E A S Y.

Too bad for the retailers who are holding $$$thousands$$$ in in-stock ammo though.

26 posted on 01/18/2011 2:18:06 PM PST by Mariner (USS Tarawa, VQ3, USS Benjamin Stoddert, NAVCAMS WestPac, 7th Fleet, Navcommsta Puget Sound)
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To: Prokopton

NRA STILL ignores Alan Gura and SAF’s role in Heller and in McDonald. And that is STILL wrong.


27 posted on 01/18/2011 2:21:03 PM PST by RKV (He who has the guns makes the rules)
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To: Mariner

Don’t think the thumb print thing is on. Of course I’m well stocked and re-load so I’m maybe not as current as I could be.


28 posted on 01/18/2011 2:22:42 PM PST by RKV (He who has the guns makes the rules)
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To: TigersEye

Good idea. No likely to get through the legislature. Sadly. That said, CA government is going to get cut hard. Soon. Newspapers are keeping it really quiet, but if you follow the math, things are going to get real interesting in the very near future here in the PRK. Ain’t no $$$ in the bank.


29 posted on 01/18/2011 2:25:43 PM PST by RKV (He who has the guns makes the rules)
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To: Mariner

Not exactly. The bill required “face to face” transfers [purchases]. No internet or mail order allowed.

This bill would have brought about extremely onerous regulations on the sellers of ammo as well, causing many to probably just give up on selling ammo.

We already had our local shop stop selling firearms this year because of additional regulations [fed and state], this one probably would have forced them out of the ammo business as well.


30 posted on 01/18/2011 2:25:48 PM PST by SZonian (July 27, 2010. Life begins anew.)
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To: RKV

The FedGov bill is about to come due too isn’t it?


31 posted on 01/18/2011 2:39:33 PM PST by TigersEye (Who crashed the markets on 9/28/08 and why?)
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To: RKV

This is good. Now we can sell our extra morter shells to California enthusiasts./s

And we need to get those south korean military surplus rifles on the market.


32 posted on 01/18/2011 2:41:39 PM PST by Candor7 (Obama . fascist info..http://www.americanthinker.com2009/05/brack_obama_the _quintessentia_1.html)
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To: Candor7

GO CMP!


33 posted on 01/18/2011 2:55:56 PM PST by RKV (He who has the guns makes the rules)
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To: SZonian
The new bill ALSO required photo ID and a thumbprint effective Feb 1st, 2011 for all "handgun" ammo.

there's nothing I read in the Judges' decision that overturns or stays that portion of the law.

http://www.redding.com/news/2009/oct/12/gov-signs-ammunition-sales-bill/

34 posted on 01/18/2011 3:29:09 PM PST by Mariner (USS Tarawa, VQ3, USS Benjamin Stoddert, NAVCAMS WestPac, 7th Fleet, Navcommsta Puget Sound)
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To: Mariner

FTA: “The Court enjoined enforcement of the statute, so mail order ammunition sales to California can continue unabated, and ammunition sales need not be registered under the law.”

Since the photo ID and thumbprint were part of the “registration” process, enactment/enforcement of those provisions should go as well.

I’ll wait for further information, but that’s the way I read it.


35 posted on 01/18/2011 4:06:00 PM PST by SZonian (July 27, 2010. Life begins anew.)
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To: RKV

Most excellent!


36 posted on 01/18/2011 4:29:09 PM PST by jrp
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To: SZonian
"I’ll wait for further information, but that’s the way I read it."

Yep, got my email from CRPA today and it confirms: Entire statute enjoined because the law does not/cannot specify what Handgun Ammunition is.

Now we need the State SC to over turn this law AND the municipal laws it was mirrored after in Sacramento and LA counties.

37 posted on 01/18/2011 6:11:10 PM PST by Mariner (USS Tarawa, VQ3, USS Benjamin Stoddert, NAVCAMS WestPac, 7th Fleet, Navcommsta Puget Sound)
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To: RKV

The Democrats tried to fix it but they couldn’t agree among themselves on what constituted “handgun ammo.” They’ll be back but the gun ban lobby in CA has taken a big blow.

Folks have had enough of Democrats’ assault on their 2nd Amendment right to RKBA!


38 posted on 01/18/2011 6:33:53 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Mariner
Thanks for the update, I appreciate it.

"Now we need the State SC to over turn this law AND the municipal laws it was mirrored after in Sacramento and LA counties."

Yep, git 'er done!

39 posted on 01/18/2011 7:04:25 PM PST by SZonian (July 27, 2010. Life begins anew.)
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To: RKV

About time we started winning a few here!

YES!


40 posted on 01/18/2011 7:16:45 PM PST by Names Ash Housewares ( Refusing to kneel before the "messiah".)
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To: RKV

Oh no! The streets will flow with blood...


41 posted on 01/18/2011 8:05:01 PM PST by Blue Collar Christian (Be instrumental in the REVIVAL that will heal our land. ><BCC>)
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To: goldstategop
couldn’t agree among themselves on what constituted..

That's why the language of AB 2358 resorted to the undefined "list attached" which made 2358 vulnerable to the same "vagueness" attack.

If and when the legislature can come up with a list of cartridges "principally" used in handguns, then the courts can get on with the constitutional merits of the several matters contained in 962.

42 posted on 01/19/2011 5:51:18 PM PST by Amerigomag
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To: RKV

This is good news especially for those of us who do Cowboy Action shooting and have antique firearms as black powder cartridges cannot be found anywhere but online.

Yes, I reload, but .38 S&W and 44-40 bullets and cases are difficult to find.


43 posted on 01/19/2011 7:27:57 PM PST by Inyo-Mono (Had God not driven man from the Garden of Eden the Sierra Club surely would have.)
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To: RKV; Ernest_at_the_Beach; goldstategop; CAluvdubya; CyberAnt; Syncro; Citizen James; BurbankKarl; ..
BUMP & a BANG!
44 posted on 01/21/2011 8:13:28 PM PST by neverdem (Xin loi minh oi)
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