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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #81  
Old 05-15-2011, 12:58 PM
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Peterson v Lacabe is interesting to me. Presumably a successful outcome would also lead to non-residents being able to apply for CA permits, right? This is a more pressing issue IMHO because CA residents can apply for permits in many states, but non-residents cannot apply for permits in CA, nor will CA honor their home state permit.
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  #82  
Old 05-16-2011, 3:18 PM
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Thanks for all the info
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  #83  
Old 05-23-2011, 7:23 PM
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Time to update the question: "When Are We Going To Challenge The Assault Weapons Ban?"

May 23, 2011
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  #84  
Old 06-02-2011, 9:09 AM
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I have a question, sorry if this is the wrong spot!
If I get pulled over on the way to/back from the range do I have to inform the officer that I have firearms in my car (unloaded in a locked case).
Do I have to open the cases ie. unlock them for inspection if they ask? I've always thought that anything in a locked container or trunk requires a warrant.
Thanks
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  #85  
Old 06-02-2011, 10:20 AM
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Quote:
Originally Posted by SpoonKiller View Post
I have a question, sorry if this is the wrong spot!
If I get pulled over on the way to/back from the range do I have to inform the officer that I have firearms in my car (unloaded in a locked case).
Do I have to open the cases ie. unlock them for inspection if they ask? I've always thought that anything in a locked container or trunk requires a warrant.
Thanks
PM sent.
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  #86  
Old 08-16-2011, 12:11 AM
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PM sent.
I would like to know the answer as well. Thanks for the thread. 4 months of gun law research would have been saved had I read this first.
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  #87  
Old 08-16-2011, 8:09 AM
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Originally Posted by jink122 View Post
I would like to know the answer as well. Thanks for the thread. 4 months of gun law research would have been saved had I read this first.
I PM'd him because I didn't want to clutter up this thread with discourse on this specific issue.

Transporting info here:

http://wiki.calgunsfoundation.org/in...p/Transporting

Required to tell a LEO you have a firearm? No (even if they specifically ask - you are not legally obligated to answer the question).

If the LEO can articulate that you have a gun (i.e. see the gun case - but even this has gray areas), then he is allowed to inspect it to verify safe transport.

You can find more threads on this by using this search link:

http://www.calguns.net/calgunforum/s...rchid=15047537
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  #88  
Old 09-16-2011, 2:48 PM
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All I can say AWESOME work!
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  #89  
Old 09-19-2011, 3:59 PM
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Quote:
Originally Posted by the_quark View Post
(Continued from above)


When Am I Going To Be Able To Purchase A Gun Out of California?

Right now this is illegal under Federal law, but there seems to be no intelligent basis behind it. Mr. Gura has been working a case, Hodgkins v. Holder for a while on this, but has been stalled out through jurisdictional issues. Recently SAF has filed a new case on this matter, Lane v. D.C., which notes that there is currently no gun store in D.C., and that consequently it's not legal under Federal law to purchase a firearm there.
.
Perhaps some clarity is in order here? On the BATFE site FAQ, they clearly state that a resident of one state can purchase LONG GUNS in another state (from an FFL dealer), but not handguns.

I haven't lived in CA for a long time, so I don't know what the state laws regarding out of state rifle/shotgun purchases are. But there are no federal laws against it. Some clarity would be nice, especially since I'm curious about how AB 809 would affect the bordering states.
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  #90  
Old 09-19-2011, 5:26 PM
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Quote:
Originally Posted by expatriated View Post
Perhaps some clarity is in order here? On the BATFE site FAQ, they clearly state that a resident of one state can purchase LONG GUNS in another state (from an FFL dealer), but not handguns.

I haven't lived in CA for a long time, so I don't know what the state laws regarding out of state rifle/shotgun purchases are. But there are no federal laws against it. Some clarity would be nice, especially since I'm curious about how AB 809 would affect the bordering states.
For California residents, does not work for long guns, either. See http://wiki.calgunsfoundation.org/in...rms_Interstate
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  #91  
Old 04-13-2012, 8:41 PM
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Has anyone considered challenging the thumbhole stock on the grounds that it is a reasonable accommodation or as discriminatory for certain individuals with certain physical impairments?

I know that the American's With Disabilities Act define "Federal civil rights laws that ensure equal opportunity for people with disabilities".

I am a disabled person with, among other skeletal abnormalities, limited mobility in my thumb and fingers. I feel I am only able to safely and effectively operate rifles with a thumbhole stock or pistol grip, due to the unique shape of my hands.

I might be a sympathetic plaintiff and this could open the door for others who suffer from more common, and protected, disabilities such as arthritis.
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  #92  
Old 04-14-2012, 11:38 AM
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Quote:
I am a disabled person with, among other skeletal abnormalities, limited mobility in my thumb and fingers. I feel I am only able to safely and effectively operate rifles with a thumbhole stock or pistol grip, due to the unique shape of my hands.
Joe, that's a very good point. I am not a lawyer, but what I would do is eliminate the "feel" to "can't". Can you operate a rifle w/o a thumbhole but with a pistol grip? Have you shot a thumbholed rifle and shown a marked improvement?
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  #93  
Old 04-14-2012, 11:05 PM
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Quote:
Can you operate a rifle w/o a thumbhole but with a pistol grip? Have you shot a thumbholed rifle and shown a marked improvement?
I do operate a break action, single shot, rifle with a thumbhole stock. I had operated my semi-automatic, Ruger Ranch Rifle, equipped with a pistol grip, folding stock and removable magazine for years. That rifle has been returned to its original wood stock to conform with the law but I am unable to safely and accurately operate the rifle in this configuration.
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  #94  
Old 04-20-2012, 2:39 AM
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I'm additionally in this boat due to a motorcycle accident in which I destroyed my elbow. The rebuild has left me with less than full rotation of my right wrist. I can field pistol grip and thumbhole stocks fine, but standard stocks leave me with a less than secure grip, making it potentially unsafe.

Do we have a class yet?
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Damned criminals! When will they learn that they can't carry guns in prohibited places? I call for a ban on criminals! With a ban on criminals in place we will be assured that this kind of thing can't happen!
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To wish for Utopia is understandable, but it cannot be legislated.
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  #95  
Old 04-21-2012, 8:33 AM
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Default Disabilities and Discrimination

I'm no lawyer, I'm hoping one will comment here, but here is some pertinent supporting facts.

Title II of the Americans with Disabilities Act "requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings)." Furthermore, Title II states, "Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided. "

In addition Section 504 of the Rehabilitation Act states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.

The California Department of Justice and Department of Fish and Game are Executive agencies. Many designated target ranges and hunting grounds are also state run and Federally funded.

The State of California receives Federal assistance for hunters through the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669-669i; 50 Stat. 917) of September 2, 1937... commonly called the "Pittman-Robertson Act.", which provides Federal aid to States for management and restoration of wildlife.

"Funds from an 11 percent excise tax on sporting arms and ammunition [Internal Revenue Code of 1954, sec. 4161(b)] are appropriated to the Secretary of the Interior and apportioned to States on a formula basis for paying up to 75 percent of the cost approved projects. Project activities include acquisition and improvement of wildlife habitat, introduction of wildlife into suitable habitat, research into wildlife problems, surveys and inventories of wildlife problems, acquisition and development of access facilities for public use, and hunter education programs, including construction and operation of public target ranges."
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  #96  
Old 04-21-2012, 3:15 PM
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Joe,

I'll be in touch as I know you emailed. An ADA challenge has certainly been considered but it's more of a backup strategy. It's most important for the health of the Republic that the constitution protect modern semi automatic rifles outright - and not have them only protected as against an act of congress. However, I may have something else for you so I'll be in touch.

-Gene
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  #97  
Old 04-25-2012, 11:20 PM
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Gene,
Looking forward to hearing from you. PM me here if you've already emailed as I've not seen anything from you yet but I have some pretty aggressive spam filtering.
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  #98  
Old 05-12-2012, 12:26 AM
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Hoffmang?
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  #99  
Old 05-26-2012, 8:22 AM
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I would hope that you would be able to use a pistol grip on your semi auto rifle, but I think that the DOJ would tell you that a bullet button would be required. The modification is cheap and easy.

There are many people with bad backs that (with doctors' permission), do not have to wear seat belts in a vehicle. A different restraint system would be prohibitively expensive for them.
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  #100  
Old 12-24-2012, 9:11 PM
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After reading the various Supreme Court decisions regarding the 2nd amendment, it seems that a challenge to the .50BMG ban could be brought on the following basis:

First, that a .50BMG rifle is a weapon consistent with being part of a militia, of which all able bodied males (at least) are a part of. It is a weapon in common use at this time in the waging of war.

Second, SCOTUS in US v Miller makes reference to Aymette v State, implying that the criteria in Aymette v State is still considered valid. The court in Aymette v state made the distinction between keeping and bearing, affirming that while the state may regulate the manner in which a weapon may be born, it cannot limit the keeping of weapons consistent with service in a militia.

From reading Aymette, it seems clear that a legislature has a right to regulate the carrying of a weapon, but not the ownership. In other words, the legislature could require that the .50BMG rifle be transported disassembled between the home and the range, for example, but it cannot ban the ownership of such weapon.

It would seem to me that by challenging the restriction on the ownership of a .50BMG riffle, it could be clearly established that the ownership of weapons consistent with the needs of a militia is an individual right, the same way that hiller declared that the ownership of self defense weapons is an individual right.

Since, as far as I know, the .50BMG rifle has never been used in a crime, it would be hard for the CA DOJ to explain why a simple restriction on how to transport such a weapon would not satisfy the stated purpose of protecting the population. The facts do not give the legislature a compelling reason for the outright ban of such weapons.

Having the supreme court declare that the right to own militia weapons is an individual right, would be a step in the right direction.

Dan
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  #101  
Old 01-19-2013, 9:08 PM
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Default "Pre-Ban AW Legality w/ Mods

OK, so what's the deal-e-o? Out of state sellers offering "pre-ban" AR's, etc. with appropriate mods (bullet button, 10 round mags) as CA legal. Is this true???? What makes a CA-banned A/W, legal in CA?

Thanks~!
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  #102  
Old 01-19-2013, 9:24 PM
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Quote:
Originally Posted by StephanieLynn View Post
OK, so what's the deal-e-o? Out of state sellers offering "pre-ban" AR's, etc. with appropriate mods (bullet button, 10 round mags) as CA legal. Is this true???? What makes a CA-banned A/W, legal in CA?

Thanks~!
Not on the banned list and one of
--- magazine-lock equipped OR
--- no 'features' such as pistol grip or folding stock

See the flowchart - http://www.calguns.net/caawid/flowchart.pdf - and linked in the top blue bar on every page displayed.
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  #103  
Old 01-20-2013, 10:12 AM
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Default Magazine Lock

Quote:
Originally Posted by Librarian View Post
Not on the banned list and one of
--- magazine-lock equipped OR
--- no 'features' such as pistol grip or folding stock

See the flowchart - http://www.calguns.net/caawid/flowchart.pdf - and linked in the top blue bar on every page displayed.
Thanks~! Is a "magazine lock" a bullet button, or are you referring to a magazine that can accept no more than 10 rounds?
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  #104  
Old 01-20-2013, 11:33 AM
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Quote:
Originally Posted by StephanieLynn View Post
Thanks~! Is a "magazine lock" a bullet button, or are you referring to a magazine that can accept no more than 10 rounds?
'bullet button' is a brand name, and the rights are held by a calgunner! It has become a bit like 'kleenex' or 'xerox', but I try to use the generic 'magazine lock'.
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  #105  
Old 01-26-2013, 8:07 AM
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Effective January 1, 2013: Ban On Carrying Long Guns In Public

http://us2.campaign-archive2.com/?u=...1&e=6b2ca4ceaf

http://www.calgunlaws.com/wp-content...-In-Public.pdf
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  #106  
Old 01-26-2013, 9:14 PM
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Leland Yee amended his stub bill SB 47. You can get the text here:

http://leginfo.legislature.ca.gov/fa...arch_keywords=

Practically everything semi-automatic would be an assault weapon but you can keep anything you had legally or legally bought up until December 31, 2013 IF you register it by July 1, 2014.

Mick
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  #107  
Old 01-29-2013, 10:43 AM
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Reading this stuff gives me a head ache, whens it going to stop. sdpd chief needs a ban nation wide on everything because we can go to Arizona and get it, whats going to stop the bad guys from going to Mexico and getting what our goverment exports down there?
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  #108  
Old 01-29-2013, 11:20 AM
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I AM a lawyer and it gives me a headache! The one nice thing is that I have access to all the recent case law and commentary so while this is NOT my area of law, I'm picking it up. (I do construction law / litigation)
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  #109  
Old 01-29-2013, 1:09 PM
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Just wanted to say thank you to the people fighting the good fight for us. Keep up the good work!
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  #110  
Old 02-06-2013, 7:15 PM
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ok, is ANY of this going to be challenged in court?
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  #111  
Old 02-06-2013, 7:33 PM
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Quote:
Originally Posted by dullfig View Post
ok, is ANY of this going to be challenged in court?
Slowly.

We're unlikely to get much from the California courts. A few things are possible, but they require really awful laws that scream for redress.

Rather, we need success in Federal courts, to clarify what the Second Amendment requires and prohibits. US Supreme Court decisions are the figurative 'clubs' to beat down legislative error.

That is In Progress. One must resign oneself to the reality that courts do not run on Internet Time.
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  #112  
Old 02-10-2013, 2:14 PM
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Default Thank you for this thread and all your hard woerk.

I have to say that until I read this thread today I was seriously contemplating the need to start sending my resume to out of state employers with a plan to move to Free America as soon as possible. I'm not willing to register my guns, or turn them in, or become a felon for simply possessing what I have legally possessed for 20+ years and never used in an unlawful manner. I am getting so tired of our ridiculous and clueless legislature.

This thread has calmed me down a little, but I am going to be watching this legislative session closely.

Thanks to all the Cal Gunners who fight so hard for our rights.

FredlyFX
http://fredlyfx.com
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