California Court Strikes Down Ammunition Law!

Discussion in 'Legal and Activism' started by CA357, Jan 18, 2011.

  1. CA357

    CA357 New Member Supporter

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    A victory for our side!

    California Court Strikes Down Ammunition Law!


    In an important victory for California gun owners, the Fresno Superior Court ruled today that California's new ammunition regulation law is unconstitutional, and blocked further enforcement.

    The law, passed last year as AB 962, would have banned mail order ammunition sales and required all purchases of so called "handgun ammunition" to be registered. In an unwritten ruling from the bench, Judge Jeffrey Hamilton found the law unconstitutionally vague on its face and issued an injunction against its enforcement. For now, at least, mail order ammunition sales to California residents can continue, and ammunition sales need not be registered under the law.

    The lawsuit-funded by the National Rifle Association and the California Rifle and Pistol (CRPA) Foundation as part of a joint Legal Action Project-was prompted in part by the many objections and questions raised by confused police, ammunition purchasers, and sellers about what ammunition is covered by the new law. Plaintiffs in the case include Tehama County Sheriff Clay Parker, the CRPA Foundation, Herb Bauer Sporting Goods, ammunition shipper Able's Ammo, collectible ammunition shipper RTG Sporting Collectibles, and individual Steven Stonecipher. Mendocino Sheriff Tom Allman also supported the lawsuit.

    The ruling comes just days before the ban on mail order sales of so called "handgun ammunition" was set to take effect. Many of the nation's largest mail-order and online ammunition retailers had already announced that they would soon end sales to California residents. If the law had gone into effect, it would have required that "handgun ammunition" be stored out of the reach of customers, that ammunition vendors collect ammunition sales registration information and thumbprints from purchasers, and that vendors conduct transactions face to face for all deliveries and transfers of "handgun ammunition."

    Fortunately, the court agreed that AB 962 is unconstitutionally vague on its face because it fails to provide sufficient legal notice of what ammunition cartridges are "principally for use in a handgun," and therefore regulated as "handgun ammunition" under AB 962. The law gives no explanation of how to determine what cartridges are "principally for use in" handguns.

    The state is likely to appeal this important victory, and anti-gun lawmakers in Sacramento will undoubtedly try again to destroy lawful ammunition sales in California. Only the ongoing support and activism of California gun owners can block those efforts, so please watch your e-mail alerts and visit NRA-ILA :: for updates on this critically important issue.
     
  2. chops

    chops New Member

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    Hey Mike.

    This is such great news, I was able to stock up earlier this month since I bought another pistol(XD45). Think I ended up with over 1k of 45acp for it. Keeping fingers crossed for the future.

    Chad
     

  3. Jo da Plumbr

    Jo da Plumbr New Member

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    Yes

    Now we need to get that shall issue to be state wide.
     
  4. CA357

    CA357 New Member Supporter

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    Hey Chad, how ya' doin'?
     
  5. dunerunner

    dunerunner New Member

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    I think I know that Chad!! :D

    Great news and a beginning for California gun owners!!
     
  6. NewGunz

    NewGunz New Member

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    Superior Court Judge Jeffrey Hamilton is awesome. You have NO IDEA how happy I was when I heard this. I was in the Wal-Mart parking lot with my girlfriend and I literally screamed hahaha. Then I went into Wal-Mart and saw how they had like 20 boxes of 250rnds of 9mm hahaa
     
  7. ironsights

    ironsights New Member

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    Finally some good news, maybe in the city of LA, things will also start to change, maybe we can change the mayor and bring in someone to govern and just not go to movie openings or Dodger games. But it is a great step forward
     
    Last edited: Jan 19, 2011
  8. chops

    chops New Member

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    Doing really good, How have you been ? The foot is getting alot better. Saw the doctor today and the fuse is complete and the hardware stayed in place. Allowed to slowly get back into wearing shoes again and walk without canes or crutches now. Went to the range with my cousin last week and now I have to fix the flinch I got when shooting the rifle after not being able to for two months. Now since I can wear shoes I can start getting back out to sac valley more often. How's the eddy working for you ?

    Chad
     
  9. CA357

    CA357 New Member Supporter

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    The Eddystone is good. I got the match trigger installed and the trigger is sweet. You'll have to shoot it when we meet up.
     
  10. spittinfire

    spittinfire New Member Supporter

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    That is great news for everyone trapped in CA. I knew there was a ban on mail order ammo but I didn't know it included finger printing and sales records....that's just rediculous.
     
  11. masterPsmith

    masterPsmith New Member

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    For those of you old enough to remember, we used to have to give info and sign an ammunition sales register in Kalifornia until that law was repealed. The sad part of this is that they will never stop trying until we have lost everything. We have also lost about 80% of our desert and mountain recreation areas to these ass hats and the feds. But, at least we have this little bit of good news for now..

    Jim........
     
  12. corrinavatan

    corrinavatan New Member

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    So, they passed a law on handgun ammunition without defining what handgun ammunition is? And without clarifying "ammo only used for handguns" and "ammo that is used in rifles but that some handguns can fire as well" (.22LR comes to mind)


    .....


    And these guys make the OTHER laws, too?
     
  13. CA357

    CA357 New Member Supporter

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    If you buy ammunition within the city limits of Sacramento, you must provide your Driver's License (which is photocopied) a thumb print, your signature, caliber/s purchased and an exact round count.

    You can't write 1 box of WWB .45ACP, it must be 50 WWB 45ACP.

    Nice huh?
     
  14. orangello

    orangello New Member

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    Congratulations Cali peeps!


    I see certain logistical problems with such a policy working out in rural MS. ;)
     
  15. chopkick

    chopkick New Member

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    One of many future "BITCH SLAPS" on these communist bastards. The guys at Herb Bauer's are a bunch of good ol' boys with deep pockets.
    The ruling was a breath of fresh air.
     
  16. spittinfire

    spittinfire New Member Supporter

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    How soon are you moving again? Why don't you take a trip to my neck of the woods. You can buy 5000rds(or however much you want), pay cash and walk out.
     
  17. CA357

    CA357 New Member Supporter

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    On the home page on yahoo, from AP:

    Calif. Judge: Handgun Ammo Laws Unconstitutional

    January 19, 2011 12:13 PM

    FRESNO, Calif. (AP) — A judge has ruled that key sections of a California law restricting the sale of handgun ammunition cannot be enforced because they are unconstitutional.

    Gun rights advocates celebrated Tuesday’s ruling in Fresno County Superior Court, saying the law would have created uncertainty by forcing local gun shops to decide for themselves what type of bullets were covered by the restrictions.

    The bill also would have required handgun ammunition to be bought in a face-to-face transaction, which they say would not have prevented a tragedy like the Arizona shooting rampage that killed six and injured U.S. Rep. Gabrielle Giffords.

    Shooting suspect Jared Loughner legally purchased ammunition the morning he allegedly opened fire at Giffords’ district meet-and-greet outside a Tucson Safeway.

    (Copyright 2011 by The Associated Press. All Rights Reserved.)
     
  18. CA357

    CA357 New Member Supporter

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    We'll be out of here by Summer if I have to pitch a tent next to the Rogue River.
     
  19. Jo da Plumbr

    Jo da Plumbr New Member

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    There is a great city park in Grants Pass right on the river. Roscoe left his mark on every tree in that park last Thanksgiving.
     
  20. CA357

    CA357 New Member Supporter

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    I know the park, I'll have to see how the trees are holding up.