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Lawsuit to Overturn California AB962 Filed – State Ammunition Inc.

Discussion in 'Legal' started by MosinMan42, Jul 2, 2010.

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  1. MosinMan42

    MosinMan42 Member

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    Lawsuit to Overturn California AB962 Filed – State Ammunition Inc. ( http://www.stateammo.com ) et al vs. State of California DOJ


    A legal challenge to California’s online handgun ammunition sales ban and fingerprint purchasing requirement (AB962) was recently filed in federal court. A copy of the lawsuit is available at the following link:

    https://www.stateammunition.com/store/shopnews.asp?type=News

    The lawsuit was filed by the Chaffin Law Office ( http://chaffinlaw.com )of Ventura, California, on behalf of three Plaintiffs including State Ammunition Inc., a California company selling ammunition online at http://www.stateammo.com, as well as individuals Jim Otten and Jim Russell, both retired members of the United States Marine Corps. Jim Otten, a Minnesota resident, is the owner of http://www.a1ammo.com, a company outside California claiming that as a result of AB962, it will no longer be able to sell to California residents and Jim Russell, a retired Marine Corps Major and a Shooting Sports Director for the Paralyzed Veterans Association of America, who claims that as a result of AB962, he will be unable to purchase bulk handgun ammunition online which he uses to help disabled veterans with rehabilitative organized shooting activities.

    The legal action claims that AB962 violates the Commerce Clause of the United States Constitution by banning handgun ammunition sales in anything other than a face-to-face transaction, and therefore eliminating the ability for California residents to buy ammunition from companies outside the state, as well as the ability for companies inside
    the state to sell to out-of-state residents. Plaintiffs also argue that AB962 violates Equal Protection and Due Process rights by criminalizing sales of handgun ammunition to various prohibited persons without defining handgun ammunition, and without giving people to ability to know who is actually a prohibited purchaser.

    The case follows a flurry of anti-gun legislation recently emerging from the anti-gun legislature in Sacramento, including AB50 (2004 ban on 50 caliber BMG rifles), AB1471 (2007 requirement for ballistic microstamping technology), SB585 (2009 attempted ban of gun shows at San Francisco Cow Palace), AB1934 (2009 ban of open carry of unloaded firearms in public), AB1810 (2010 attempt to require permanent registration of long guns), AB2223 (2010 attempt to expand the “lead free” Condor Zone banning the most common and most affordable types of
    ammunition), among numerous other gun relates laws and regulations.
     
  2. bushmaster1313

    bushmaster1313 Member

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    If you enact 10 annoying gun and ammo laws instead of one illegal immigration law with teeth you can pretend you are doing something to help crime in your state.
     
    Last edited: Jul 2, 2010
  3. gbran

    gbran Member

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    Without regard to McDonald, Heller or even the 2A, I have to wonder how it passed Commerce Clause muster given the ban on mail-order.
     
  4. The Undertaker

    The Undertaker Member

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    But remember, this is the same state that is so self-righteous that it is boycotting Arizona for minding its own business.

    In short, the morons in San Francisco hold an overwhelming amount of power, and with their collective nose so high up their collective ass, they just see themselves as too good for the Commerce Clause. The law gets passed, and the attorney general will interpret "handgun ammunition" to mean "any ammunition that has been fired through a handgun at one point."

    End result: private citizens such as myself have to submit themselves to humiliating background checks every time they purchase ammo for the range.
     
  5. seed

    seed Member

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    I've never been accused of being an optimist, but things are ever so slightly turning...even here in California. If you live in California (or even if you don't), hurry up and sign up on Calguns.net to do your part. Fantastic site.
     
  6. Buck Snort

    Buck Snort Member

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    You are 100% dead on with that.
     
  7. Buck Snort

    Buck Snort Member

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    Except they'll toss you off for some really petty stuff. I and CG parted company over that heavy handed practice.
     
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