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NRA-CRPA Current Litigation & Recent Successes
NOTABLE ACTIVE LITIGATION
Parker v. State of California - Lawsuit challenges California’s AB 962, the new law that requires vendors of “handgun ammunition” to store ammo so customers can’t access it, and starting February 1, 2011, to keep records of all sales or transfers of “handgun ammunition” for five years. Also makes it a crime to buy ammunition by mail.
Peruta v. County of San Diego - Lawsuit challenges San Diego’s strict requirements for obtaining a CCW.
CRPA v. Los Angeles - Lawsuit challenges Los Angeles’ ordinances banning the sale or transfer of “ultracompact handguns,” .50 caliber firearms and ammunition, and certain less expensive firearms even if they passed the DOJ testing for “unsafe handguns.”
Jackson v. City of San Francisco - Lawsuit challenges San Francisco ordinances requiring residents to keep handguns locked up in their own homes, banning the discharge of firearms, even in self-defense, and banning many types of conventional ammunition from being sold.
Doe v. San Francisco Housing Authority - Lawsuit successfully challenged San Francisco’s ban on possessing firearms in public housing. The ban was rescinded. Now helping NRA lawyers in Delaware where similar bans exist.
McDonald v. Chicago - Recruited 38 California and eight Nevada elected District Attorneys and law enforcement officials in California and Nevada to file an amicus brief in the Supreme Court supporting incorporation of the Second Amendment.
Millender v. County of Los Angeles - Filed a joint amicus brief with NRA challenging the ability of law enforcement to write over-broad search warrants used to seize firearms unrelated to crimes.
CBD v. Bureau of Land Management, et al. - Supporting NRA in intervening on behalf of hunters in an Arizona lawsuit in which radical environmental groups sued the BLM to prohibit the use of lead ammunition for hunting in the Arizona Strip, a classic hunting area.
People v. Saleem - Filed amicus letter in Supreme Court of California requesting that it deny the Attorney General’s Petition to overturn an opinion from the appeals court striking down a law for vagueness. Although the case did not involve firearms, the Saleem opinion would be a great tool in combating vague firearm laws in the future.
More lawsuits are pending!
CBD v. CA Fish & Game, et al. - Assisting NRA in opposing radical environmental groups’ efforts to restrict hunting in the Mojave National Preserve.
California Fish and Game Commission - Assisting the NRA in gathering thousands of records from agencies involved with the condor recovery, and working with scientists to debunk the pseudo-science being used to support the theory of condor death from lead ammo ingestion. Defeated a proposal to ban the use of lead ammunition including .22 rimfire and/or shot for use in hunting squirrels and game birds and convinced the Commission to vote against the proposal.
The lead bullet ban efforts are expanding and our fight is too!
LOCAL ORDINANCE OPPOSITION EFFORTS:
Richmond - Prepared a lawsuit against the City of Richmond and served the City with a pre-litigation demand letter to repeal its ban on the possession of large-capacity magazines. City Council repealed the ordinance rather than litigate.
San Mateo County - Served a pre-litigation letter that prompted the sponsor of several LCAV Model Ordinances to pull consideration of those anti-gun owner ordinances, including a dealer regulation scheme that would make it practically impossible to sell guns in that county.
Desert Hot Springs - Successfully opposed an ordinance that would have banned possession of firearms on almost all public property.
Berkeley - Served the City with a pre-litigation demand letter to repeal an ordinance prohibiting possession of semiautomatic-rifles.
City Council voted unanimously to repeal the ordinance.
Fairfield - Successfully opposed an ammo sales registration ordinance.
Long Beach - Successfully opposed an ammunition registration ordinance. These efforts also revealed the dubious uses of the records by law enforcement in other jurisdiction, including running suspicion less after the fact background checks of law abiding gun owners. LAP lawyers continue to monitor and track the use of the ammunition sales records to determine appropriate and timely legal challenges.
Watch out for more proposals to regulate the sale or transfer of ammo!
RANGE ASSISTANCE EFFORTS:
San Diego - Worked with a consortium of shooting ranges in San Diego County since early 2009 to oppose certain proposed revisions to the San Diego County Code that would impose drastic new limitations on target shooting in the unincorporated portions of San Diego County.
Airport Mesa - Investigated BLM Shooting Closure near the town of Jacumba, California. This investigation included the review of documents obtained from the federal government and interviews with federal employees and members of the public affected by the closure.
LA Harbor- Reviewed status of Los Angeles Police Department's permit with the Navy for the LAPD Harbor Range, located on Navy- owned land in San Pedro, California. The Harbor Range was open to the public until 2001 (and briefly reopened thereafter). These efforts hope to see the range reopened to the public in the coming years.
These are just a few examples. Range protection efforts are ongoing statewide. If you operate a range, there are steps you can take now to protect it!
GUN OWNER DEFENSE EFFORTS:
Gary Tudesko - Assisted the NRA in preparing and filing an appeal on behalf of high school student Gary Tudesko who was expelled for leaving unloaded shotguns in his truck parked off-campus after an early morning duck hunting excursion. The appeal was successful and Mr. Tudesko was reinstated at school.
The case received national news coverage.
Mayors Against Illegal Guns - Submitted letters to California members of MAIG warning them of the group’s anti-gun-owner positions and urging them to renounce their membership. Submitted Public Records Act requests to dozens of cities seeking their communications with MAIG, in order to monitor MAIG’s efforts. One request produced MAIG’s secret “Blueprint for Federal Action on Illegal Guns,” intended only for the White House.
80% Firearms - Litigating the definition of a "zip gun" and a person’s ability to "manufacturer" a firearm from incomplete firearm parts.
“Assault Weapons” - Litigating the definition of the term "assault weapon" for firearms that do not meet the definition of "assault weapon" by themselves, but have parts, if attached to the firearm, that may make the firearm an "assault weapon." Also litigating the legality of "rimfire" semiautomatic rifles with the capacity to accept a detachable magazine and prohibited features, and litigating legality of firearms with "flash suppressors" that LAPD is attempting to classify as illegal "grenade launchers."
LCAV - Monitored communications with local governments, and released a LCAV memorandum explaining their modus operandi for obtaining legal help, and revealing names of law firms supporting it.
Gun Buybacks -Monitored the records of various gun buybacks and are in the process of compiling a report on findings.
Memoranda - Produced dozens of legal opinion memoranda and assisted NRA/CRPA members with firearms legal issues of significance.
This is a good idea.
Posting the CRPA actions taken or in process and success' for all to see and/or monitor.
Don't stop, it feels good
"Nobody ever defended anything successfully, there is only attack and attack and attack some more." (George Patton)
Calguns T-shirts, hats and stickers
New eCommerce site is up, if you have any problems with it, let me know.
The Gulag Archipelago - Online read .pdf