AWB and California

[Mark in California]

When the Assault Weapons expires, why should this not have an impact in California? Remember all the court challenges took place with Clinton ban in place. This might have been important because the Federal Law could have some effect of how the Federal Courts looked at he California’s bans in the light of the Federal bans also being in place.

As it is the 5th and 9th Courts of Appeal disagree on the 2nd Amendment.

When the AWB expires, this nullifies all Federal Court precedence in this area because the law has been repealed. What was once illegal behavior has now become legal behavior.

Would this not now open the door to new appeals to the California Assault Weapons Bans because the federal assault weapons laws have been repealed and the court can no longer refer to them in looking to California’s Assault Weapons Bans and the Constitution.

Could not older cases be revived because of this change? Could this not give the courts reason to allow firearms cases to be re-opened because there has been a major change in Federal Law

 

[R.H. Lee]

I don't think the sunset will help us at all, nor is there a chance of anything changing as long as Locker is the AG.

 

[deej]

I was kicking this around the other night:

Say a Californian goes to another state and legally purchases an AW, then brings it back into California. Under California law, this would be illegal...but what about the commerce clause? (The Congress shall have power...to regulate Commerce...among the several States...)

 

[jnojr]

"Congress" wouldn't be "regulating commerce". California would.

 

[Carnitas]

What about equal protection?

As it sits a resident of the state of Nevada can buy a weapon of a variety which california residents are not allowed. That Nv. resident can lawfully bring that weapon into the state for a shooting event (match etc.). Seems unfair to california residents.

 

[Ewok]

That Nv. resident can lawfully bring that weapon into the state for a shooting event (match etc.).

Don't think so.

 

[El Rojo]

Here is what you need to do. If you haven't done so already, join the California Rifle and Pistol Association. Now, write your liberal state assembly people and get out and vote. That is the only way you are going to ever own an assault weapon in this state again.

 

[Hkmp5sd]

Say a Californian goes to another state and legally purchases an AW,

Won't work. To purchase a firearm in another state, you have to buy it from a dealer (or at least transfer it through one). A dealer in another state cannot legally transfer a firearm to you that is illegal for you to own at your place of residence.

 

[deej]

Yuck.

So much for equal protection.

 

[Don of Kalifornia]

An out of state resident can bring in an "assault weapon" like an AR-15 to shoot a match. However if he moves he to become a resident..Basicly staying here over 15 consecutive day, then he must dispose of his "assault weapon"

 

[El Rojo]

Don would you please back up your statement with a reference to law? It doesn't do us much good for you to tell us without reference.

 

[Sven]

Don is speaking the truth - I've seen this posted many times on the various Highpower shooting forums such as:

http://www.floridashooting.com

and

http://www.nationalmatch.us

...not sure the specific law, but many people from out of state have brought their ARs in for matches, and then left (probably as quickly as possible).

-s

 

[marklbucla]

I don't think the sunset will help us at all, nor is there a chance of anything changing as long as Locker is the AG.

Wouldn't the demand for 10 round mags decrease, dropping the price for us? I've been waiting till Sept to buy all my mags because of this assumption.

 

[Subliminal One]

Magazines will become cheaper. Making it cheaper for CA residents to break the law buy purchasing from out of state.

There is no hope for a repeal of the ban.

 

[thefitzvh]

It's defeatist attitudes like that that got us in the gun control mess in the first place.

Joined the CRPA yet?


James

 

[Don of Kalifornia]

El Rojo, all you need to do is look up SB 23, it was added to the bill after many of us who spent everyday in Sacramento while SB 23 was winding it way thru the bill mill forces a few consessions on SB 23.

At the say time 'we' at least got consignment/private party handguns protect from the California drop tests.

 

[El Rojo]

I just looked through the penal code and could not find the reference about assault rifles you are claiming. I saw where they exempted a bunch of pistols, but nothing about highpower rifles for out of state shooters. Again, could someone please post a specific link?

 

[Ewok]

Found it: 12280.m. http://caag.state.ca.us/firearms/dwcl/12275.htm Search for nonresident.

(m) Subdivisions (a) and (b) shall not apply to the possession and importation of an assault weapon into this state by a nonresident if all of the following conditions are met:
(1) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of an assault weapon.
(2) The competition or match is conducted on the premises of one of the following:
(i) A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
(ii) A target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets.
(3) The match or competition is sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.
(4) The assault weapon is transported in accordance with Section 12026.1 or 12026.2.
(5) The person is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.

 

[R.H. Lee]

Joined the CRPA yet?

Yep. Great, proactive organization.

 

[Carnitas]

Thanks Ewok:

So, once again. What about equal protection?

 

[mrapathy2000]

you cannot count on equal protection

 

[Carnitas]

The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. See U.S. Const. amend. XIV. In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances.

Generally, the question of whether the equal protection clause has been violated arises when a state grants a particular class of individuals the right to engage in activity yet denies other individuals the same right.

The Court will also apply a strict scrutiny test if the classification interferes with fundamental rights such as first amendment rights, the right to privacy, or the right to travel.

The preceeding from here..... http://www.law.cornell.edu/topics/equal_protection.html

It seems to me that the current Ca. AWB treats differently two shooters on the same shooting line holding the same weapon depending on which state issued their Drivers license.

Additionally, the fact that has a Ca. Drivers license in their pocket means that that law will treat them differently WRT to what wepons they might buy and keep out of state.

 

[1911 Rookie]

A dealer in another state cannot legally transfer a firearm to you that is illegal for you to own at your place of residence.

Can anyone back this up from the Federal code. I am taking a look right now, but maybe somebody can save me some time. I was hoping that I could buy and keep some stuff out of state.

Rook

Wed, july 30, anybody else having problems getting to www.atf.gov ?

 

[Hkmp5sd]

Can anyone back this up from the Federal code.

§ 922. Unlawful acts
(a) It shall be unlawful --

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

 

[1911 Rookie]

darn