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View Full Version : Heller, Nordyke and trigger lock


Bugei
05-18-2009, 12:52 PM
So I see on page 3 of the Heller decision that:

"Similarly, the requirement that any lawful firearm in the
home be disassembled or bound by a trigger lock makes it impossible
for citizens to use arms for the core lawful purpose of self-defense and
is hence unconstitutional."

(Can't seem to get the italic or indent to work: sorry.)

Anyhow, does that mean that the trigger lock/gun safe requirements here in California are now vulnerable?

And just as an aside, I find it pretty reprehensible that no state legislators are putting in bills to repeal whole sections of California law because of Heller and Nordyke. It would be the Right Thing To Do. Instead, someone is going to have to sue our way to our rights on every point.

HunterJim
05-18-2009, 12:55 PM
I have asked both my Assemblyperson and my Senator to take such action; still waiting for replies.

jim

bwiese
05-18-2009, 12:59 PM
And just as an aside, I find it pretty reprehensible that no state legislators are putting in bills to repeal whole sections of California law because of Heller and Nordyke. It would be the Right Thing To Do. Instead, someone is going to have to sue our way to our rights on every point.

The state is broke. Even in an antigun legislature antigun bills are stalled.

Any action in CA legislature is all about budget.

Librarian
05-18-2009, 1:07 PM
So I see on page 3 of the Heller decision that:

"Similarly, the requirement that any lawful firearm in the
home be disassembled or bound by a trigger lock makes it impossible
for citizens to use arms for the core lawful purpose of self-defense and
is hence unconstitutional."

(Can't seem to get the italic or indent to work: sorry.)

Anyhow, does that mean that the trigger lock/gun safe requirements here in California are now vulnerable?

And just as an aside, I find it pretty reprehensible that no state legislators are putting in bills to repeal whole sections of California law because of Heller and Nordyke. It would be the Right Thing To Do. Instead, someone is going to have to sue our way to our rights on every point.

California's trigger lock laws are binding on the FFLs who make the transfers - they're required to either provide one free, sell one, or determine that the transferee has one that meets the requirements of 'on the list' and 'recently purchased', or they may not transfer the gun.

But nothing in the laws requires that anyone uses, or even keeps those locks, so our state situation is nothing like pre-Heller DC. (San Francisco, OTOH, seems to want pre-Heller DC-like storage.)

You have correctly evaluated the legal process, however: every flippin' law will have to be litigated.

(You can manually put in "{I]" and "{/I]" and {INDENT] / {/INDENT] if your browser is being uncooperative. - replace "{" with "[")

Bugei
05-19-2009, 8:45 AM
The state is broke. Even in an antigun legislature antigun bills are stalled.

Any action in CA legislature is all about budget.

Yeah, I get that. But we have bills and bills and bills every year, even now, most of which don't make any sense whatsoever. And we have to pay the legislature anyway. Seems only good sense to simplify state law by weeding the illegal laws out. There would be some costs, of course, in the short run. But in the long run, we'd have to incarcerate fewer people convicted of unconstitutional law.

Of course, at least one legislator would have to see the sense.

Bugei
05-19-2009, 8:56 AM
But nothing in the laws requires that anyone uses, or even keeps those locks, so our state situation is nothing like pre-Heller DC. (San Francisco, OTOH, seems to want pre-Heller DC-like storage.)

You have correctly evaluated the legal process, however: every flippin' law will have to be litigated.

(You can manually put in "{I]" and "{/I]" and {INDENT] / {/INDENT] if your browser is being uncooperative. - replace "{" with "[")


First, thanks for the tip. Browser is actually working today. Sigh.

Compared to AW list, Safe Handgun List and CCW, I guess having to buy a stinking trigger lock is pretty small potatoes. And when we have to sue for our rights, and the suits have to be narrowly defined, then we have to have priorities. I can see that.

Wishin' and hopin' (remember that song?) for a legislator to just start making a list of things to repeal is just....well....wishin' and hopin'.

wildhawker
05-19-2009, 11:38 AM
Here's your answer: http://www.calguns.net/calgunforum/showthread.php?t=185618