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 $2,500 in penalties for each individual violation.
Possession of normal capacity magazines, that had been possessed before January 1, 2000, had been grandfathered in the law. Magazines do not have serial numbers, so it is very difficult to prove when they were purchased.
California has continued to restrict regular magazine ownership with stricter and stricter laws. There has been little enforcement. In 2013, Dennis Herrera filed a lawsuit against four companies that sold magazine parts kits.
Last year, California banned the possession of magazines that hold more than 10 rounds, starting in 2017. Some time is given to either convert or get rid of the standard capacity magazines.
It is not clear if unassembled kits containing the parts of standard capacity magazines, are legally considered the same as the assembled magazines. But the new law may make it illegal to bring such kits into California.
If a company is breaking the law, the normal course of action is to charge them with a crime. Using civil lawsuits allow governments to bypass normal Constitutional protections in criminal cases. They do not need warrants, or probable cause, to file a lawsuit. /p>
(Excerpt) Read more at ammoland.com ...
Would seem that this law would violate the commerce act.
I thought this was going yo be about how to reassemble Time snd Newsweek...
Didn’t SCOTUS rule that cops can make up and enforce law on the spot?
What happens if these out-of-state companies just tell California to pound sand? Will CA send the California Highway Patrol to pick up the errant company owners?
This is what happens the sue them and try and bankrupt them.
There’s a certain gun shop getting around Colorado’s ridiculous magazine capacity limits via a clever trick. I’m reluctant to say more here in case some lib lurker gets her panties in a bundle and decides to make an issue of it. But it looks like it would take a one-time investment of 0$ and less than 2 min per mag to get back to normal...
Some things are too broke to fix.
Counter sue for a freakin Billion!
Don’t they have to show damages?
“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.
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.
Federal law be damned!
We have an AGENDA!
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.
Oh noze,,, my 10/30 mag is actually a 30/30 ??
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
Wow, they can really abuse this
Did he file a suit against the estate of the San Bernadino shooters, or their mosque?
Then bring civil suites in similar jurisdictions.
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.
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