The singlemost effective thing you can possibly do is to write two letters.
The first goes to Senator Larry Craig, R-Idaho
The other goes to Congressman Tom DeLay, R-Texas
In both, you simply ask that in light of developments in California, that they pass legislation reserving to Congress the power, under the interstate commerce clause, to pre-empt the legislative powers of the various state in regards to firearms design and ammunition manufacturing.
Some might think that a dangerous precedent, to give Congress power over gun and ammo design. Think about it though. They have already spoken on this topic several times, from barring the CPSC from regulating these items, to banning "cop-killer" bullets.
The argument is that the Feds have supreme power over the topic and so Congress should make a law instructing the US Attorney to order the states to clear the field. The goal is to pass a federal law ending "co-soveriegnty" over the issue of gun and ammo manufacture and design.
Problem solved, though the act of Congress would occupy a lot of Bill Lockyer's time and budget.
“Preemption” describes the removal of a government’s power to regulate a specific subject matter. When an act of Congress removes a local or state government’s power to regulate a specific subject matter, the process is called “federal preemption.” State and local laws are often challenged on the theory that Congress has preempted the subject matter. However, in examining such challenges, the courts presume that the state or local law is not preempted. The courts have developed the following rule. For a court to find that Congress has “preempted” the power of a lower level of government to regulate a subject matter, the court must be “absolutely certain” that Congress intended to preempt that field of regulation. Gregory v. Ashcroft, 501 U.S. 452, 464 (1991). When the state or local law in question concerns public health and safety, the law is within the historic police power of the States, and thus the requirement of “absolute certainty” of congressional intent to preempt is “particularly warranted.” Rice v Sante Fe Elevator Corp., 331 U.S. 218, 230 (1947).
To determine congressional intent, the courts look for one or more of the following:
* An express statement by Congress that it is taking over that field of regulation;
* A pervasive scheme of federal regulation of the field that leaves no room for state or local regulation; or
* An actual conflict between the federal law and the challenged state or local law.
However, the courts find such a conflict only when compliance with both the federal regulation and the challenged law would be physically impossible.
With respect to regulation of firearms, the courts have held that Congress made no explicit statement of its intent to take over that field of regulation. They have also found that congressional regulation of firearms is not a scheme so pervasive that it leaves no room for state and local law. Thus, absent a specific, actual conflict between a challenged state or local firearms law and a federal enactment, there is no federal preemption of that state or local law. See Richmond Boro Gun Club, Inc. v. City of New York, 896 F.Supp. 276, 285-288 (E.D.N.Y. 1995) (discussing the fact that Congress has nowhere made a statement of intent to preempt local regulation of firearms and the federal laws regulating firearms do not establish a pervasive scheme of regulation, and holding that New York City’s ordinance banning ”assault weapons” was not in actual conflict with the provisions of the Federal Civilian Marksmanship Program).
So, under the current state of the law, all that is required is clear Congressional intent to pre-empt the field, leaving no wiggle room for the states.