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Magazine Repair Kit Co. Sets up GoFundMe to Defend Against San Francisco Lawsuit
ammoland ^ | 9 March, 2017 | Dean Weingarten

Posted on 03/13/2017 5:19:13 AM PDT by marktwain

San Francisco City Attorney Dennis Herrera filed a lawsuit against five out-of-state companies he claims were selling kits, that contain the parts necessary to assemble normal capacity magazines of more than 10 rounds. From cbslocal.com:

SAN FRANCISCO (CBS SF) — San Francisco City Attorney Dennis Herrera Thursday sued five online gun equipment suppliers selling disassembled large-capacity ammunition magazines as “repair kits” in an alleged attempt to get around state laws.

The lawsuit, filed in San Francisco Superior Court, alleges that Badger Mountain Supply, 7.62 Precision, Shooters Plus, LAK Supply and Buymilsurp.com are engaging in unfair or fraudulent business practices and seeks penalties of $2,500 in penalties for each individual violation.

Possession of normal capacity magazines, that had been possessed before January 1, 2000, had been grandfathered in the law.  Magazines do not have serial numbers, so it is very difficult to prove when they were purchased.

California has continued to restrict regular magazine ownership with stricter and stricter laws. There has been little enforcement.  In 2013, Dennis Herrera filed a lawsuit against four companies that sold magazine parts kits.

Last year, California banned the possession of magazines that hold more than 10 rounds, starting in 2017. Some time is given to either convert or get rid of the standard capacity magazines.

It is not clear if unassembled kits containing the parts of standard  capacity magazines, are legally considered the same as the assembled magazines. But the new law may make it illegal to bring such kits into California.

If a company is breaking the law, the normal course of action is to charge them with a crime.  Using civil lawsuits allow governments to bypass normal Constitutional protections in criminal cases. They do not need warrants, or probable cause, to file a lawsuit. /p>

(Excerpt) Read more at ammoland.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: California
KEYWORDS: banglist; ca; magazines; sanfrancisco
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Using government resources to file civil suits against private parties is a form of lawfare that we are seeing more of. Government prosecutors have the deep pockets of the state; they are not spending their own money. In addition, prosecutors have an extremely high level of immunity. It is nearly impossible to use the legal system to go after them. The Supreme Court has ruled that they can lie, conspire with witnesses to give fraudulent evidence, fie repeated punishing and false prosecutions; and they are immune from counter suit, as long as they stop short of actual court trials.
1 posted on 03/13/2017 5:19:14 AM PDT by marktwain
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To: marktwain

Would seem that this law would violate the commerce act.


2 posted on 03/13/2017 5:36:42 AM PDT by riverrunner
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To: marktwain

I thought this was going yo be about how to reassemble Time snd Newsweek...


3 posted on 03/13/2017 5:41:49 AM PDT by Paladin2 (No spellcheck. It's too much work to undo the auto wrong word substitution on mobile devices.)
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To: marktwain

Didn’t SCOTUS rule that cops can make up and enforce law on the spot?


4 posted on 03/13/2017 5:44:18 AM PDT by Paladin2 (No spellcheck. It's too much work to undo the auto wrong word substitution on mobile devices.)
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To: marktwain

What happens if these out-of-state companies just tell California to pound sand? Will CA send the California Highway Patrol to pick up the errant company owners?


5 posted on 03/13/2017 5:48:52 AM PDT by moovova
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To: moovova

This is what happens the sue them and try and bankrupt them.


6 posted on 03/13/2017 5:54:30 AM PDT by riverrunner
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To: marktwain

There’s a certain gun shop getting around Colorado’s ridiculous magazine capacity limits via a clever trick. I’m reluctant to say more here in case some lib lurker gets her panties in a bundle and decides to make an issue of it. But it looks like it would take a one-time investment of 0$ and less than 2 min per mag to get back to normal...


7 posted on 03/13/2017 6:00:36 AM PDT by ThunderSleeps (Doing my part to help make America great again!)
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To: Paladin2

Some things are too broke to fix.


8 posted on 03/13/2017 6:09:26 AM PDT by Pecos (What we obtain too cheap, we esteem too lightly.)
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To: marktwain

Counter sue for a freakin Billion!


9 posted on 03/13/2017 6:13:32 AM PDT by The Toll
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To: marktwain

Don’t they have to show damages?


10 posted on 03/13/2017 6:15:02 AM PDT by dila813 (Voting for Trump to Punish Trumpets!)
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To: ThunderSleeps

“There’s a certain gun shop getting around Colorado’s ridiculous magazine capacity limits....”

Colorado has been a destination for out of state hunters for years, but that’s all been turned upside down. Colorado would rather make money from taxes on the marijuana industry. Bring a bong to Colorado, but leave your standard rifle magazines at home.


11 posted on 03/13/2017 6:18:14 AM PDT by Carthego delenda est
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To: dila813
-- Don't they have to show damages? --

They are claiming fraud, and from the excerpt, the claim exists by statute, not by a common-law tort.

Legislatures make plenty of civil-penalty laws that lack the component of actual money damages.

12 posted on 03/13/2017 6:29:00 AM PDT by Cboldt
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To: riverrunner
Would seem that this law would violate the commerce act.

Federal law be damned!

We have an AGENDA!

13 posted on 03/13/2017 6:32:44 AM PDT by null and void (Drain the swamp! Get rid of the mosque-itoes!)
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To: Cboldt

I just can’t understand, I would think they would have to say that they purchased it and it was something other than what they thought it was.


14 posted on 03/13/2017 6:36:54 AM PDT by dila813 (Voting for Trump to Punish Trumpets!)
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To: marktwain

Oh noze,,, my 10/30 mag is actually a 30/30 ??


15 posted on 03/13/2017 6:42:54 AM PDT by ▀udda▀udd (>> M A G A << "What the hell kind of country is this if I can only hate a man if he's white?")
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To: dila813
-- I would think they would have to say that they purchased it and it was something other than what they thought it was. --

The statute invoked appears to allow the state to make a civil claim against actors the state alleges are perpetrating fraud. The state doesn't have to be defrauded, itself.

People v. Badger Mountain Supply, Inc., at al - San Francisco Superior Court, Case No. CGC 17-557010 : note this is a 13Mb pdf file

16 posted on 03/13/2017 6:44:37 AM PDT by Cboldt
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To: Cboldt

Wow, they can really abuse this


17 posted on 03/13/2017 6:51:03 AM PDT by dila813 (Voting for Trump to Punish Trumpets!)
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To: marktwain

Did he file a suit against the estate of the San Bernadino shooters, or their mosque?


18 posted on 03/13/2017 7:52:30 AM PDT by Darteaus94025 (Can't have a Liberal without a Lie)
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To: marktwain
Issue out-of-state arrest warrents for Herera. Find a Sherrif and DA somewhere like Idaho or Wyoming. Charge Huerera and his office under racketeering laws, wrongful prosecution under color of authority, violation of the Wyoming State Constitution, attempting to deprive citizens of the civil rights and anything else you can think of to throw at him.

Then bring civil suites in similar jurisdictions.

19 posted on 03/13/2017 9:05:04 AM PDT by Jack Black (Dispossession is an obliteration of memory, of place, and of identity)
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To: marktwain

These gun shops are too worried about making money, when they should be standing up and shooting back at anyone who suggests they have any right whatsoever to arrest, confiscate or otherwise interfere with the proper administration of the 2nd Amendment. Because they would rather comply with an un-Constitutional mandate in order to continue making money, I hope they get the snot sued out of them and it ultimately destroys them.


20 posted on 03/13/2017 10:00:48 AM PDT by dware (I love waking up in a world with President Trump!)
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