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Old 11-22-2010, 9:03 AM
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Default CRPAF Foundation Files Legal Brief in Lawsuit to Block AB 962

On October 7, 2010, the CRPA Foundation filed its Reply brief in support of Plaintiffs’ Motion for a Preliminary Injunction to block enforcement of AB 962 immediately while the case is litigated. The lawsuit alleges that AB 962 is unconstitutionally vague because it fails to provide sufficient notice of what ammunition is "principally for use in a handgun," and thus "handgun ammunition" that is regulated under AB 962. It is impossible to determine whether the thousands of different types of ammunition suitable for use in handgun are "principally for use in," or used more often in, a handgun.

The legislature was well aware of the vagueness problem with AB 962, and attempted - but failed - to fix it.

Parker v. California is funded exclusively by the NRA and the CRPA Foundation. The lawsuit seeks a court order to block enforcement of the law to prevent the face-to-face requirement from taking effect because ammunition shippers, sellers, and buyers must significantly alter their business practices and software infrastructure well before the February 1, 2011, effective date of the law. Many ammunition suppliers are ceasing shipments of virtually all ammunition to California because the law makes it so difficult to do business.

The DOJ has ludicrously claimed that there is no need for an injunction because DOJ will not enforce AB 962, even though DOJ has already advised retailers of the new laws’ requirements. And DOJ cannot stop local police from enforcing AB 962.

The need for the court to issue an injunction in this case is even more crucial because DOJ has asked other courts to stay two separate challenges to AB 962 filed in federal court (OOIDA v. Lindley and State Ammunition v. Lindley) while this case is litigated.

Despite Plaintiffs’ confidence in the merits of this case, the NRA and CRPA have been litigating vagueness challenges to firearms laws for over 30 years. Courts generally do not overturn statutes on vagueness grounds – particularly firearms laws in California.

Although Plaintiffs’ briefs provide ample support for granting Plaintiffs injunction request courts are often reluctant to grant preliminary injunctions before a case is resolved on the merits at trial, especially when asked to block the enforcement of state laws. Regardless of whether an injunction is granted, this lawsuit ultimately seeks a judicial declaration that AB 962 is unconstitutional and unenforceable. Input from the Court on this injunction request should help Plaintiffs fashion their case going forward.

The National Rifle Association (NRA) has also joined the Calguns Foundation in a separate lawsuit OOIDA v. Lindley, challenging AB 962's prohibition on internet and mail order purchases of "handgun ammunition."

Seventeen years ago the NRA and CRPA joined forces to fight local gun bans being written and pushed in California by the gun ban lobby. Their coordinated efforts became the NRA/CRPA "Local Ordinance Project" (LOP) - a statewide campaign to fight ill conceived local efforts at gun control and educate politicians about available programs that are effective in reducing accidents and violence without infringing on the rights of law-abiding gun owners. In recent years cities in California, and now in other states as well, have been bombarded with gun ban lobby anti-gun proposals, including proposed complete bans on the possession of semi-automatic firearms misnamed "assault weapons" (where that term is defined far more broadly than under the state law) and mis-classified "sniper rifles," bans on magazines that hold over ten rounds, one-gun-per-month restrictions, ammo sales registration bureaucracies, "trigger lock" laws that prohibit many guns from being sold because no trigger lock exists that fits the gun, "safe" storage laws that would make criminals of those who keep a gun ready to use for self-defense, ultra restrictive zoning laws that put gun dealers out of business, gun show bans, oppressive gun and ammo taxes, and most recently, pending proposals to ban ammo sales entirely and to ban "ultra-compact" handguns (any gun under 6 3/4 inches long or under 4 ½ inches tall). The NRA/CRPA LOP has had tremendous success in beating back most of these anti-self-defense-civil-rights proposals, and several more lawsuits challenging some of these ordinances are pending.

In addition to fighting local gun bans, for decades the NRA has been litigating dozens of cases in California courts to promote the right to self-defense and the 2nd Amendment. In the post Heller and McDonald legal environment, NRA and CRPA Foundation have formed the NRA/CRPA Foundation Legal Action Project (LAP), a joint venture to fight proactively to strike down ill-conceived gun control laws and ordinances and advance the rights of firearms owners, specifically in California.

Sometimes the chances of success are greater when LAP's litigation efforts are kept low profile, so the details of every lawsuit are not always released. But to see a partial list of the Legal Action Project's recent accomplishments, or to contribute to the NRA/CRPAF LAP and support this and similar Second Amendment cases, visit www.crpafoundation.org. All donations made to the CRPA Foundation will directly support litigation efforts to advance the rights of California gun owners.

Also, please register at www.calgunlaws.com and www.crpa.org to receive up to the minute updates on this and other California litigation efforts as it becomes available. Calgunlaws.com is produced by the law firm of Michel & Associates, P.C. as a pro bono effort to keep attorneys and interested firearm owners informed on the existing laws and latest legal developments in California. It includes a link to the highly effective www.calnra.com California legislative status and grassroots action page.
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