2nd Amendment Foundation Sues California Over Assault Weapons Ban

BELLEVUE, WA -- The Second Amendment Foundation has filed a federal lawsuit challenging the constitutionality of California’s ban on so-called “assault weapons,” claiming that the statute is “vague and ambiguous” in its definition of assault weapons, leading to the arrest of a California man on two different occasions.

SAF is joined in the lawsuit, which was filed in U.S. District Court for the Northern District of California, by the CalGuns Foundation and Brendan John Richards, an honorably-discharged Marine and Iraq war veteran, who was arrested and jailed in May 2010 and August 2011. On both occasions, charges against Richards were dismissed when it was determined that he had not violated the law because firearms in his possession on both occasions were not “assault weapons” as defined by California law. They are represented by attorneys Donald Kilmer of San Jose and Jason A. Davis of Mission Viejo.

Named as defendants in the lawsuit are California Attorney General Kamala Harris, the California Department of Justice, the Sonoma County Sheriff’s Office and Deputy Greg Myers.

“It’s an insult to be arrested once for violating a law that is so vague and ambiguous that law enforcement officers cannot tell the difference between what is and what is not a legal firearm under this statute,” said SAF Executive Vice President Alan M. Gottlieb, “but to be arrested and jailed twice for the same offense is an outrage. Brendan Richards’ dilemma is a textbook example of why the California statute should be nullified.

“On both occasions,” he continued, “Mr. Richards was jailed and had to post non-refundable bail fees. He lost work due to his incarcerations. In both cases, the same Senior Criminalist John Yount issued reports that the firearms in Richards’ possession were not ‘assault weapons’ under California law. Mr. Richards now has a reasonable fear that his exercise of his fundamental Second Amendment rights will result in more wrongful arrests. We’re delighted to step in, with the CalGuns Foundation, on his behalf.

“This nonsense has to stop,” Gottlieb stated, “and the only way to insure that is to show California’s assault weapon statutes and regulations are unconstitutionally vague and ambiguous. Brendan Richards is not the only citizen faced with this kind of harassment under color of law.”

The Second Amendment Foundation (www.saf.org) 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. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.

I wish we could tell the cops and judges that we're going to give a green-light to open/concealed carry everywhere just to see what happens. Since January 1 this year, over 800 people are dead in just two cities alone- New York and Chicago- both, strict anti-gun cities.(source: The Thug Report.com)

We could let it run for a few months and then compare statistics with the current misinterpretation of the 2nd amendment. What if murders dropped 50-60%? Or, rape, assaults, and property crimes dropped 50-80%?

And in cases where deadly force was used to stop a felonious assault, what cost comparisons might look like between the services of a morgue vs a life in prison at taxpayer's expense. Not to mention the value to the 'spared' victim who never had to face an attacker because said 'attacker' was taking a dirt nap?

Face it, in a country of 330 million people, there are going to be some that need killing- it's a statistical thing. In a country this large with a mostly unarmed populace, there will be many who will die needlessly- it too, is a statistical thing.

The probability that you'll suffer from a crime is much higher where the majority of people go around unarmed. Bad guys don't rob police stations when they can rob a 7-11. Bad guys don't rape a female officer getting into her squad car when they can attack a woman getting into her car at the mall. Common sense is something our Founding Fathers had in abundance and in common. The 2A is merely and extension of it.

I propose a moratorium on all gun laws for three months (say, June, July, and August) where persons of at least 18 years of age or those who've completed a gun safety course may carry at-will in places deemed to be unlikely hotbeds of emotion (like a courtroom) and a thorough examination of the outcomes to determine whether an extension of the moratorium ought to be applied to the remaining nine months and thereafter.

Americans have a natural aversion to tyranny- not so other societies. Whether it's black-robed tyranny or uniformed badge-worn tyranny, Americans detest it. They detest the notion that they haven't a right to protect themselves, their families, or even strangers should the need arise.

Such tyranny threatens their immediate Right to Life as mentioned in the Declaration of Independence. It also diminishes their Right to Liberty declared in the same sentence, which ultimately leads to a state of Unhappiness that the Declaration sought to avoid by placing The Pursuit of Happiness on the same level as Life and Liberty. And these 'rights' were at the top of things our Founders wished to express in their 'Declaration'. Fancy that?

The statists and utopians wish to hone our society into a less abrasive one (as they see it) by removing the rough edges left by our Framers. Trouble is, their meddling is harming more people than not, and is contributing to the unraveling of our society with costs that could easily overwhelm us (in 15 trillion ways).

The second amendment may not be the only right that must be restored but it is a linchpin among the others that when removed, will lead to social collapse from freedom to tyranny. Every country with massive deaths attributable to government forces embraced gun control in various forms. Here, in America we have two examples where almost 500 people are killed in each city every year: Chicago and New York. Both anti-gun and competing for the prize of highest body count.

If the Declaration and the Constitution were on par with other works of art such as the Mona Lisa (and I think they are) what the statists and utopians have done is to render her unrecognizable. With her 'new' mustache and sideburns she looks more like Elvis with tits.

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