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robnall84
09-29-2011, 7:12 AM
Ok so i have a question for you all on here, now it may have been answered befire but i couldnt find anything, so here it goes. I know the states have the right to govern themselves with regards to firearms laws and legislation. My question is that the federal assault weapons ban expired a few years ago, yet the CA ban still stands. I know the feds came in and ruled the DC handgun ban and the Ill handgun ban unconstitutional and had them overturned. Now im wondering how come the CA ban cant be overturned the same way, i mean the feds are the end of the line with this stuff. Has this issue been brought up and i am just unaware of it? Any infor on this would be greatly appreciated.

M. D. Van Norman
09-29-2011, 7:17 AM
Welcome to Calguns!

http://wiki.calgunsfoundation.org/index.php/Litigation_Past_and_Present

Purple K
09-29-2011, 7:45 AM
Richards v. Harris is the case.

bwiese
09-29-2011, 8:24 AM
Note that the Fed AW ban was not overturned - it merely 'sunset' due to a specific provision added into the bill at its creation, and then was not renewed (requiring a new vote in 2004).

CA had no such provision in its original 1989 Roberti-Roos law (which set the broad framework for regulating certain semiauto rifles in CA) nor in subsequent amendations (either piecemeal over the years or via SB23 in 1999).

Librarian
09-29-2011, 10:31 AM
It's just not the first thing on the list.

We have one thing we didn't have: DC V Heller gave us back the 2nd Amendment as an individual right, without connection to a militia.

We have another thing we didn't have: McDonald v Chicago gave us back that the 2nd Amendment is not only a brake on the Federal government, but on all governments in the US.

Right now the attention is on getting self-defense with a gun acknowledged again as a right.

There is a limited amount of legal talent and money available; it seems all devoted to bits of the fight that have the greatest return on investment.