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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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  #41  
Old 10-02-2010, 8:30 PM
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Gene, what about us rednecks in Yolo? We are a part of this suit. Any intel for us?
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  #42  
Old 10-02-2010, 9:06 PM
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Originally Posted by gucci pilot View Post
Gene, what about us rednecks in Yolo? We are a part of this suit. Any intel for us?
Kind of the opposite of Sac really..

-Gene
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  #43  
Old 10-02-2010, 9:27 PM
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Hey, someone's gotta fight to the death so precedent can be set upon their tyrannical arse.
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  #44  
Old 10-02-2010, 10:14 PM
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Kind of the opposite of Sac really..

-Gene
Crap. I know, I know. 2 weeks....
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  #45  
Old 10-02-2010, 11:17 PM
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Hey, someone's gotta fight to the death so precedent can be set upon their tyrannical arse.


-Gene
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  #46  
Old 10-03-2010, 3:01 PM
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I know about Sykes v McGinnis--is the new Shall Issue an attempt to get the case "settled" before a binding decision is made?
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  #47  
Old 10-05-2010, 7:02 AM
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I'd like to ship two long guns to my son's FFL in NC for his account. Anyone know what hoops I have to jump through in order to send these long guns via USPS?
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  #48  
Old 10-05-2010, 7:45 AM
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I'd like to ship two long guns to my son's FFL in NC for his account. Anyone know what hoops I have to jump through in order to send these long guns via USPS?
That's a bit off topic for this thread, but see here.
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  #49  
Old 10-06-2010, 8:47 PM
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That's a bit off topic for this thread, but see here.
Thank you sir!
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  #50  
Old 10-11-2010, 2:45 PM
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Question: I understand the concept behind a bullet-button making an AR-type weapon "CA legal" because now it does not meet the "detachable magazine' standard. My question is, has there been a test case for this in California and case law established? As much as I would like to add an AR to my collection, I personally would not care to be the test case.

Thank you
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  #51  
Old 10-11-2010, 5:21 PM
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Originally Posted by wood_fly View Post
Question: I understand the concept behind a bullet-button making an AR-type weapon "CA legal" because now it does not meet the "detachable magazine' standard. My question is, has there been a test case for this in California and case law established? As much as I would like to add an AR to my collection, I personally would not care to be the test case.

Thank you
Caution is always appropriate, but this line of adherence to the law is quite well established. If you were to get some otherwise-clean legal problem regarding bullet-buttons, contact the Calguns Foundation.
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  #52  
Old 10-11-2010, 9:11 PM
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Originally Posted by wood_fly View Post
Question: I understand the concept behind a bullet-button making an AR-type weapon "CA legal" because now it does not meet the "detachable magazine' standard. My question is, has there been a test case for this in California and case law established? As much as I would like to add an AR to my collection, I personally would not care to be the test case.

Thank you
There have been quite a few arrests followed by findings of factual innocence. It's not fully "case law" but it is persuasive. No one that we're aware of who had a properly installed bullet button on an AR or AK has successfully been prosecuted - and we've been involved in quite a few.

-Gene
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  #53  
Old 10-18-2010, 12:33 PM
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This is my first post.

I did a little research on this site but did not find anything on my idea.

Has anyone thought of trying to repeal the laws that ban the "assault weapons"? I'm not sure of the whole process with trying to get a petition submitted as a Proposition for voting by the people. But has this been looked into at all?

-Aaron
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  #54  
Old 10-18-2010, 12:41 PM
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do you have the hundreds of thousands it would take to collect enough signatures to qualify a prop for the ballot. And then the tens of millions it would take to properly advertise the prop in order to be competitive. Plus, gun owners are a minority in this state, so it would be an uphill battle to win such a prop.

At this point in time, it is felt that it would not cost effective to try to regain our rights through the voting process. bang vs. buck appears to be better served going through the legal process instead.
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  #55  
Old 10-18-2010, 12:47 PM
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Default great updates

Thanks for the updates.

While it appearrs to be a slow process to get our gun rights back, it took a long time to actually lose them.

Perhaps when we have resources avail we should have a "sticky" with the history of Cal Gun laws with both the propagana and the real reasons the laws were passed.

Not looking for a book, rather short overviews.

History repeats itself because people fail to learn from the mistakes of the past.

We may also want to consider posting history of arms control laws as stickys from other countries.

Something like this would help new visitors get perspective. I have noticed that in the last year we have increased from 10K active members to over 16K.

This means we are getting many new people and such stickys would allow those people to get up to speed quickly.

While many people on the board are highly educated, many of us on the board are not.
It is important where possible to keep things understandible for average folks.

And I consider myself just "average".

Nicki
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  #56  
Old 10-18-2010, 1:00 PM
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Quote:
Originally Posted by cHaOs ReX View Post
This is my first post.

I did a little research on this site but did not find anything on my idea.

Has anyone thought of trying to repeal the laws that ban the "assault weapons"? I'm not sure of the whole process with trying to get a petition submitted as a Proposition for voting by the people. But has this been looked into at all?

-Aaron
Welcome to the forum!

Yes it has been brought up before. Repealing it through legislation is not going to work because there are too many anti-gun legislators. Voting them out is the only way to fix that situation. Secondly, Librarian has a wonderful thread which thoroughly explores why a petition/ballot measure would not work for us. The bottom line is that it costs millions of dollars to get a proposition on the ballot. Getting enough support for passing is another problem.

See his thread here: Why don't we put [something] on the ballot? Initiatives and Amendments

The bottom line for us is that we must work through the courts. And to paraphrase Gene, we can enjoy our judicially enforced Second Amendment right in an anti-gun super majority populace that is California.
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  #57  
Old 10-18-2010, 3:13 PM
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Originally Posted by hoffmang View Post
There have been quite a few arrests followed by findings of factual innocence. It's not fully "case law" but it is persuasive. No one that we're aware of who had a properly installed bullet button on an AR or AK has successfully been prosecuted - and we've been involved in quite a few.

-Gene
What is the typical punishment for individuals found guilty of AW ban PC-12276.1?
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  #58  
Old 10-18-2010, 3:59 PM
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I just read Librarian's post. Good stuff in there. Can't say I've been totally dissuaded from the idea however at least I have some good information.

Thank you
-Aaron
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  #59  
Old 10-20-2010, 7:24 PM
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Repealing it through legislation is not going to work because there are too many anti-gun legislators. Voting them out is the only way to fix that situation. Secondly, Librarian has a wonderful thread which thoroughly explores why a petition/ballot measure would not work for us. The bottom line is that it costs millions of dollars to get a proposition on the ballot. Getting enough support for passing is another problem.
Forget the money part--it's next to impossible to get gunnies to come out to do the legwork. Most would rather piss and moan on the forums than actually do something. If it weren't for CRPA and SAF, all firearms in California would be illegal.

Just sending in your annual membership fee is not enough
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  #60  
Old 10-20-2010, 8:59 PM
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Forget the money part--it's next to impossible to get gunnies to come out to do the legwork. Most would rather piss and moan on the forums than actually do something. If it weren't for CRPA and SAF, all firearms in California would be illegal.

Just sending in your annual membership fee is not enough
That is too bad. California has the worst, most illogical way of handling our 2nd Amendment. It's sickening and maddening at the same time. Why not fight for our rights, your rights?

Closed mindedness is an ugly, ugly thing. And so is our justice and legislative system. I really want to look at some facts since the ban went into effect, such as the amount of
deaths caused by "assault weapons" before the ban and after. How many "assault weapons" were confiscated before the ban vs. after. You know, things that matter.

And when, oh when will people realize that laws don't affect criminals? They only affect law abiding citizens.

Please forgive me for ranting. I'm sure I'm just echoing what thousands of California gun owners feel.

You know what I find ironic too is that when I go to a Gun Show (if you can't find one) or a match, the people I meet are generally some of the nicest and most responsible people.
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  #61  
Old 10-30-2010, 7:20 PM
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QUOTE "SEC. 7. Section 12318 is added to the Penal Code, to read:
12318. (a) Commencing February 1, 2011, the delivery or transfer
of ownership of handgun ammunition may only occur in a face-to-face
transaction with the deliverer or transferor being provided bona fide
evidence of identity from the purchaser or other transferee. A
violation of this section is a misdemeanor."

Maybe I am crazy but I do not see how this law would prevent me from driving out of state, legally purchasing a box of handgun ammo and then re-entering CA. Because the transaction is occuring out of the state this law has no authority on how the vendor out of state sells me the ammo. Now that I am the owner of the ammo I am simply transporting ammunition to my home. Enlighten me please if I am way off base.
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  #62  
Old 11-10-2010, 12:55 PM
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Quote:
Originally Posted by Nicki
And I consider myself just "average".
No-one who knows anything about you, Nicki, would describe you as "average."
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  #63  
Old 11-10-2010, 1:16 PM
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I got one for you; When are we going to challenge the 1 hand gun every 30 days law?
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  #64  
Old 11-15-2010, 4:32 PM
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Would it be possible to get the definition of an assault weapon changed or is that not a good course of action?
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  #65  
Old 11-15-2010, 6:09 PM
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Originally Posted by Aspec5vz View Post
Would it be possible to get the definition of an assault weapon changed or is that not a good course of action?
That would probably require legislative action, but we don't have a majority of the legislature on our side. Only enough on our side to stall/stop some of the worst bills.
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  #66  
Old 11-15-2010, 6:32 PM
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Yea that's what I thought. Honestly I'm not asking to have everything legal in CA; I just want to be able to use a pistol grip without a bullet button and with hicap mags. Is that too much to ask?

Last edited by Aspec5vz; 11-15-2010 at 6:35 PM..
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  #67  
Old 11-15-2010, 8:27 PM
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I agree
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  #68  
Old 01-09-2011, 5:47 PM
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Updated for the latest case statuses. No news here, but this was a bit stale. Renamed Sykes v. McGinnes to be Richards v. Prieto; noted that none of the AB962 challenges are currently proceeding, and some other small status updates.
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  #69  
Old 01-28-2011, 8:34 AM
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What an informative thread!

Thanks so much for your diligence!
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  #70  
Old 02-01-2011, 11:11 AM
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anything new on these cases (and the Roster)?
When Are We Going To Challenge The California Roster of Handguns?
We already have. The case is Peña v. Cid:

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

In this case we're challenging four plaintiffs' inability to purchase handguns they should be able to under Heller. This case was stayed pending an outcome in the Nordyke case. Nordyke has been sent back to the three-judge panel, however, the judge in Peña has continued the stay. It is unclear at this time when Nordyke will be resolved.
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  #71  
Old 02-07-2011, 11:21 AM
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Quote:
When Are We Going To Challenge The California Roster of Handguns?
We already have. The case is Peña v. Cid:

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

In this case we're challenging four plaintiffs' inability to purchase handguns they should be able to under Heller. This case was stayed pending an outcome in the Nordyke case. Nordyke has been sent back to the three-judge panel, however, the judge in Peña has continued the stay. It is unclear at this time when Nordyke will be resolved.
If Nordyke goes the right way, how long until the roster goes away?
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  #72  
Old 02-07-2011, 12:11 PM
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If Nordyke goes the right way, how long until the roster goes away?
No way to tell until Pena moves in some direction.
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  #73  
Old 02-10-2011, 5:28 PM
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Quote:
Originally Posted by Midtown Gunner View Post
...it's next to impossible to get gunnies to come out to do the legwork. Most would rather piss and moan on the forums than actually do something...
Sad, but true.

Contributors to this thread excepted, of course.
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  #74  
Old 04-24-2011, 11:46 PM
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Man this was a hell of a read, and I am very pleased with how things are going as well as the progress/updates. Thank you to all who have contributed in some form or other. Kudos +1 to The Librarian and Brett "The Quark" Thomas.
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  #75  
Old 04-25-2011, 7:29 PM
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What confuses me is Prieto, and Nordyke.
They both are done, and just waiting for judgement? Can they sit on them forever?
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  #76  
Old 04-25-2011, 7:48 PM
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So to be clear, pena is waiting on nordyke, and nordyke is just waiting on the judge's decision? There's nothing proceedurally in front of that? The next news we hear about nordyke should be either "we won - strict scrutiny!" or "we lost - we'll try again."?

Last edited by ilkhan; 04-25-2011 at 7:55 PM..
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  #77  
Old 04-27-2011, 7:36 AM
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If Yolo is won, how long before Santa Clara County becomes a shall issue county?
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  #78  
Old 04-28-2011, 6:40 AM
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Might want to update the AB 962 section... This is old info.

When Are We Going To Challenge The Mail Order Ammunition Law (AB 962)?
On July 28, 2010 CGF filed OOIDA v. Lindley to try to overturn this law:

http://wiki.calgunsfoundation.org/in...IDA_v._Lindley

Our legal case is based on the fact that PC 12318 is in violation of Federal law. Unfortunately, this case has been dismissed (without prejudice) as it was deemed "not ripe" as the law hasn't yet gone into effect. You should expect more movement from us (and others) once this law actually goes into effect, and we can then actually challenge the statute in this case. We believe the court was in error in this judgement, but it would take so long to appeal that ruling that, by the time the appeal was heard, the law would be in effect, making the question moot.
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  #79  
Old 05-02-2011, 10:00 AM
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So now that we have the results of the Nordyke case, what does that mean for Pena v Cid?
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  #80  
Old 05-12-2011, 11:18 PM
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Quote:
Originally Posted by Shui Po View Post
So now that we have the results of the Nordyke case, what does that mean for Pena v Cid?
Hopefully it means it's moving forward, but we'll see what the court says when they say it.

I've updated the FAQ in light of recent events - sorry it was slow to update of late; as Treasurer, I've been busy getting the Foundation's books in order (the fiscal year ended 3/31), so all my spare gun-time has been going into that effort.
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