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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel. |
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#1
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San Francisco sues 5 manf. for high cap rebuild kits (SF Superior Court)
Heard this on the radio a few minutes ago, LAK, one of the places I buy from is being sued for selling high cap rebuild kits into CA:
http://www.sfexaminer.com/sf-sues-gu...o-repair-kits/
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-- I love the mythological significance given to Dum Dum Bullets. As if they're little tactical nukes, stacked up in "Assault Clips" ready to be "sprayfired" "from the hip" by pistol grip equipped "bullet hoses" instead of early variations of the softpoint bullets people have been using to take game with (and use for self-defense) for the last century. |
#2
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"the only purpose of these magazines is to kill as many people as quickly as possible..." Then why do you want to your police to have them?
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--------------------- "There is no "best." If there was, everyone here would own that one, and no other." - DSB |
#4
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“It takes a particular type of miscreant to compromise the safety of Californians simply for profit,” Herrera said in a statement.
Miscreants, deplorables, and gun owners...oh my!
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"Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than prevent homicides, for an unarmed man may be attacked with greater confidence than an armed one." Thomas Jefferson |
#6
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Yep I believe so.
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-- I love the mythological significance given to Dum Dum Bullets. As if they're little tactical nukes, stacked up in "Assault Clips" ready to be "sprayfired" "from the hip" by pistol grip equipped "bullet hoses" instead of early variations of the softpoint bullets people have been using to take game with (and use for self-defense) for the last century. |
#10
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damn should have bought from LAK...
needed some more 20 round pmags to block off to 10 myself. now i gotta go out of state, bring my blocks, then buy the mags then block then bring them back myself....
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#11
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"San Francisco is suing five online gun equipment suppliers for allegedly selling large-capacity magazines that have been banned from being distributed in California for nearly two decades. The lawsuit filed Thursday by City Attorney Dennis Herrera targets Badger Mountain Supply, located in Washington state; 7.62 Precision in Alaska; Shooters Plus, located in Mississippi; LAK Supply of Wyoming; and Buymilsurp.com, located in Florida, which are reportedly selling complete but dissembled large-capacity magazines as “repair kits” to customers in San Francisco and throughout the state. Such magazines have been illegal to sell in California since Jan. 1, 2000." According to the article selling mag rebuild kits has been illegal for nearly 20 years - who knew, eh? If they're still selling, I suppose that would be a problem. Before the "no rebuild kits" law passed SF DA sued Copes a few years back, costing them some $$$. Copes settled and turned over names of SF buyers to the SF DA office too. IIRC I got a "you bought a bad thing" letter from either SF or Copes. So it would seem this is for current transgressions, but considering the article and what SF did with Copes, who knows for sure? Edit for Correction: See post #24. Copes did not provide mailing list to SF DA. dsf Last edited by dfletcher; 02-09-2017 at 5:09 PM.. |
#12
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#13
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Litigation - moved.
Complaint: http://www.sfcityattorney.org/wp-con.../Complaint.pdf Usual mis-statements, lies, and spin at http://www.sfcityattorney.org/2017/0...o-repair-kits/ and in the complaint. Their argument at part 23 of the complaint suggests PC 32311 prohibits complete mag kits as 'large capacity ammunition conversion kits'; I have long thought that a likely interpretation.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. Last edited by Librarian; 02-09-2017 at 2:48 PM.. |
#14
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Suppose SF wins (and I presume they would since the courts in California are rigged), how would the city collect? Only California and a couple other regressive states have these absurd laws; most of the rest of the country views California as a state full of loonies.
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#16
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"Defendants are thus flouting a law that is intended to protect the safety of San Francisco residents by eliminating these products entirely from within the City's borders. By their unlawful and unfair conduct, Defendants profit at the expense of public safety throughout the City_ and County of San Francisco. "
But yet illegals and those that cause real crime are ok. |
#17
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#19
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If I understand correctly, at least one of these companies, if not all of them, were selling the parts separately. They would ship the mag body and floor plate in one box, then later the spring and follower, or whatever.
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#20
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http://www.exilemachine.net/shop/pag...t-suit-39.html
On March 19, 2014 Exile Machine LLC settled the lawsuit filed against us by the San Francisco City Attorney. The suit alleged that we unlawfully sold large capacity magazines as repair kits. While we are convinced that we have always complied with all applicable laws, including the statutes at issue in this case, Exile Machine was absolutely unwilling to give up our customer data. The only way that we could be certain that our customer information would remain confidential was to settle the case and pay $15,000 to the San Francisco City Attorney. Rest assured that throughout the entire course of the litigation and settlement, Exile Machine LLC retained and continues to retain full confidentiality and control of our customer data. Customer and order information has NOT been and will not be revealed to or shared with any person or entity as a result of this lawsuit or settlement.
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Manufacturer of CA AWB Compliance Products from Oct 2009 to Nov 2018
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#21
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I thought this was going to be another thread
Of vendors who will not ship to CA as we are litigious...
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Rule 1- ALL GUNS ARE ALWAYS LOADED Rule 2 -NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT PREPARED TO DESTROY (including your hands and legs) Rule 3 -KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET Rule 4 -BE SURE OF YOUR TARGET AND WHAT IS BEYOND IT (thanks to Jeff Cooper) |
#22
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You have to order that piece separately and they are not shipped together. So they do ship you a true non-functional repair kit.
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-- I love the mythological significance given to Dum Dum Bullets. As if they're little tactical nukes, stacked up in "Assault Clips" ready to be "sprayfired" "from the hip" by pistol grip equipped "bullet hoses" instead of early variations of the softpoint bullets people have been using to take game with (and use for self-defense) for the last century. |
#23
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Just FYI folks, we are aware of this and are waiting on some correspondence.
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Μολὼν λαβέ .................................................. ............ www.laksupply.com |
#24
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I have to correct myself and do so with an apology. The settlement as described in this 2013 thread states Copes was required to send out letters to certain buyers, but that Copes did not turn over mailing list to SF DA. http://www.calguns.net/calgunforum/s...php?p=13117821 "The companies stipulated to settle the case for $15,000 and an agreement to discontinue sales of the body of any magazine capable of holding more than ten rounds to California customers. The companies also agreed to send a letter to San Francisco and Sunnyvale customers advising them of those cities’ recently enacted magazines possession bans. Although the companies believed they would prevail on the merits of the case, each company opted to settle the matter to protect against the possibility that customer identities might be revealed during the litigation." I haven't exactly been waiting for a "knock on the door" but am glad to know I was wrong, that getting a letter didn't result from names being given to the DA. Last edited by dfletcher; 02-09-2017 at 5:07 PM.. |
#25
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Thanks look forward to the update. Sorry for our state being stupid as ****.
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-- I love the mythological significance given to Dum Dum Bullets. As if they're little tactical nukes, stacked up in "Assault Clips" ready to be "sprayfired" "from the hip" by pistol grip equipped "bullet hoses" instead of early variations of the softpoint bullets people have been using to take game with (and use for self-defense) for the last century. |
#26
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I lived in SF for 50 years. It's like being married to a whore. She going to f u over. As soon as Newscum becomes Gov, look at SF gun laws statewide. Buy as many hollow points as you can. There are illegal in SF.
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If you find yourself in a fair fight, you're doing it all wrong. |
#27
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This is why the new magazine laws are so adamant about what the magazine looks like - if they can ban a body type, they can prevent the crucial part of the kit from being shipped.
Up until recently the problem was that people legally possessed standard magazines and could legitimately have to repair them. Since the new ban on *possession* is coming up, the whole issue of kits will go away - magazine body will be illegal to purchase. Those who don't want to obey the new law ("occupy magazines") can just purchase them out of state since there will be no difference when it comes to possession.
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NRA Benefactor Member |
#28
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good argument. the magazines were definitely not made to protect your right to live, or even to go out to the shooting range with the family. They can only be used for one purpose...thats just common sense if you ask me. (i dont think these people even here the junk that falls from their scared, uneducated mouths.) |
#32
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You are correct. Ironic, isn't it?
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Μολὼν λαβέ .................................................. ............ www.laksupply.com |
#34
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Good luck to you guys. Hopefully the NRA or CRPA will hep you guys out. Cant wait to leave this place.
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NRA - Life Member Guns don't kill people. People Kill people. |
#35
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There is no rule of law in this state anymore. It does what it wants, and that's called tyranny!
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"Freedom begins with an act of defiance" Quote for the day: Quote:
Last edited by Untamed1972; 02-10-2017 at 7:57 AM.. |
#36
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#37
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Anytime someone ask why people do not deal with CA, won't ship to CA, refused to help CA this is why. For those of us in CA we live with this every day and are always making sure we can stay compliant. Even things thought to be simple require time and money with attorneys.
Support your local FFLs Support those who sell to us in CA Support those companies out of CA who continue to deal with this crap Spending $1, $5, $10 or even $100 more is nothing when it comes to supporting those FFLs and companies in and outside of CA that fight and deal with this crap daily to support your second amendment right.
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Just a normal guy |
#38
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If a patent troll going around seeking nuisance-level settlements that are lower than typical litigation expenses can lead to sanctions, this should also qualify as a sanctionable offense. At the very least, a bar complaint should be filed against the attorney.
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NRA Benefactor Life Member, SAF Life Member, CCRKBA Life Member Gavin Newsom is a lying, cheating slickster and |
#39
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The risk to reward ratio is getting worse every year. I am always dealing with someone I am not sure is a legit customer or an agent trying to get me to break CA law. Most of the time it has to do with magazines.
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Private 10 acre range rentals [/URL] |
#40
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This is why people won't sell stuff here, too much to try to keep up with the random **** laws and they don't want to have to pay an extension fee when they get sued.
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