Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > 2nd Amend. Litigation Updates & Legal Discussion
Register FAQ Members List Calendar Mark Forums Read

2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #41  
Old 05-15-2018, 1:27 AM
cockedandglocked's Avatar
cockedandglocked cockedandglocked is offline
I'm with stupid ☝️
CGN Contributor - Lifetime
 
Join Date: Apr 2014
Location: Near Excremento
Posts: 13,887
iTrader: 7 / 100%
Blog Entries: 1
Default

If I remember the complaint correctly, aren't some out of state ammo retailers also plaintiffs in this suit?
Reply With Quote
  #42  
Old 05-15-2018, 5:46 AM
LanceBV LanceBV is offline
Junior Member
 
Join Date: Mar 2018
Location: Central Coast
Posts: 20
iTrader: 0 / 0%
Default

Quote:
Originally Posted by cockedandglocked View Post
If I remember the complaint correctly, aren't some out of state ammo retailers also plaintiffs in this suit?
Yes, I believe so.
Reply With Quote
  #43  
Old 05-15-2018, 8:57 AM
rp55's Avatar
rp55 rp55 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Feb 2009
Location: San Jose, CA
Posts: 1,691
iTrader: 16 / 100%
Default

What about if another state sued CA on behalf of ammo manufacturers in their states? As I recall state vs. state beefs go directly to the Supremes. I recall this being done in some agricultural issue like CA forcing cage free eggs or something.
__________________
http://i83.photobucket.com/albums/j302/rpwhite55/guns/member13443.jpg
Reply With Quote
  #44  
Old 05-15-2018, 10:04 AM
Sousuke Sousuke is offline
Senior Member
 
Join Date: Mar 2012
Posts: 1,516
iTrader: 0 / 0%
Default

Quote:
Originally Posted by rp55 View Post
What about if another state sued CA on behalf of ammo manufacturers in their states? As I recall state vs. state beefs go directly to the Supremes. I recall this being done in some agricultural issue like CA forcing cage free eggs or something.
When I think of agriculture I think of Foie gras. Out of state producers sued and eventually lost on the premise of unconstitutionality (commerce clause).
__________________
WTB: Chronograph
WTB: T Series Hi Power
WTB: Bisley Revolver (Uberti type)
WTB: Pietta 45lc conversion cylinder
Reply With Quote
  #45  
Old 05-15-2018, 3:00 PM
press1280 press1280 is offline
Senior Member
 
Join Date: Mar 2009
Location: WV
Posts: 2,280
iTrader: 0 / 0%
Default

Quote:
Originally Posted by rp55 View Post
What about if another state sued CA on behalf of ammo manufacturers in their states? As I recall state vs. state beefs go directly to the Supremes. I recall this being done in some agricultural issue like CA forcing cage free eggs or something.
SCOTUS doesn't have to necessarily take any case, but something like that under the Commerce clause may be something that they'd take, unlike the 2A.
Reply With Quote
  #46  
Old 05-15-2018, 3:06 PM
CAL.BAR CAL.BAR is offline
CGSSA OC Chapter Leader
 
Join Date: Nov 2007
Location: South OC
Posts: 4,645
iTrader: 7 / 100%
Default

Quote:
Originally Posted by press1280 View Post
SCOTUS doesn't have to necessarily take any case, but something like that under the Commerce clause may be something that they'd take, unlike the 2A.
I doubt anyone will be fooled into thinking that this ISN'T a 2A case, despite the interstate commerce angle. Also bans on internet sales of ammo (as well as alcohol/wine/spirits etc. have been around a long time). Not sure if this will get very far. But always hoping for the best.
Reply With Quote
  #47  
Old 05-15-2018, 4:29 PM
wolfwood's Avatar
wolfwood wolfwood is offline
Senior Member
 
Join Date: Mar 2012
Location: San Diego
Posts: 951
iTrader: 0 / 0%
Default

I am going to try and stay updated on this case. I hope there is a 12b6 hearing pretty soon. I would like to attend it

the State has to file something by the 17th

Last edited by wolfwood; 05-15-2018 at 4:48 PM..
Reply With Quote
  #48  
Old 05-20-2018, 3:00 AM
wolfwood's Avatar
wolfwood wolfwood is offline
Senior Member
 
Join Date: Mar 2012
Location: San Diego
Posts: 951
iTrader: 0 / 0%
Default

motion to dismiss filed

https://www.scribd.com/document/3796...ion-to-Dismiss
Reply With Quote
  #49  
Old 05-20-2018, 8:18 AM
abinsinia's Avatar
abinsinia abinsinia is offline
Member
 
Join Date: Feb 2015
Posts: 435
iTrader: 1 / 100%
Default

Is there any other product which is legal outside a state, and it's legal inside of a state, but if you buy the product, for personal use, outside the state then try to bring it back inside the state it's illegal to do it , unless you pay a tax?

I was thinking Cigarettes is a good example, but as far as I know a personal use purchase is not regulated this way. If you have a business doing importation this it would be different.
Reply With Quote
  #50  
Old 05-20-2018, 1:31 PM
FlyingShooter FlyingShooter is online now
Member
 
Join Date: Jun 2012
Posts: 229
iTrader: 0 / 0%
Default

Quote:
Originally Posted by wolfwood View Post
Berccera is a scumbag....hes successfully helping to turn CA into full blown Mexico.
Reply With Quote
  #51  
Old 05-20-2018, 1:54 PM
MJB's Avatar
MJB MJB is offline
CGSSA Associate
 
Join Date: Sep 2010
Location: San Diego
Posts: 3,977
iTrader: 0 / 0%
Default

What did you expect?

If you read it sounds weak
__________________
One life don't blow it!
Reply With Quote
  #52  
Old 05-20-2018, 4:00 PM
aBrowningfan aBrowningfan is offline
Senior Member
 
Join Date: Jan 2014
Posts: 595
iTrader: 0 / 0%
Default

Quote:
Originally Posted by MJB View Post
What did you expect?

If you read it sounds weak
That is what I thought, too. But then I am biased. I wonder if Fabio is going to weigh in on the chances of this litigation.
Reply With Quote
  #53  
Old 05-20-2018, 5:33 PM
wonkavision42 wonkavision42 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Dec 2017
Location: sf bay area
Posts: 15
iTrader: 0 / 0%
Default

There’s something about the 1st two sentences of the Introduction on page 7 of 27 ...
Reply With Quote
  #54  
Old 05-20-2018, 5:37 PM
Califpatriot Califpatriot is online now
Senior Member
 
Join Date: Jul 2016
Posts: 670
iTrader: 11 / 100%
Default

Quote:
Originally Posted by wolfwood View Post
I' ve been working in the federal court system for awhile and I doubt luck has much to do with it. Judges on both sides tend to find a way on the cases they like.
That's exactly what happened. See the notice of related case that was filed by Michel and Associates. Good.
Reply With Quote
  #55  
Old 05-21-2018, 3:00 AM
augoldminer augoldminer is offline
Junior Member
 
Join Date: Jun 2013
Posts: 33
iTrader: 0 / 0%
Default

Quote:
...Lt. Gov. Gavin Newsom, who is running for governor, defended his initiative and vowed to fight the NRA lawsuit.

“We wrote Proposition 63 on solid legal ground and principle: If you're a felon banned from possessing guns in California, then you should not be able to purchase the ammunition that makes a firearm deadly,” Newsom said in a statement. “California voters said loudly and clearly that guns and ammunition do not belong in the hands of dangerous individuals — but once again, the NRA has prioritized gun industry profits over the lives of law-abiding Californians.”
A felon will just walk into a store and buy there ammo out of state.
What do they care about the law if they need ammo that just means they already have a weapon and are in violation anyway.

Last edited by augoldminer; 05-21-2018 at 3:03 AM..
Reply With Quote
  #56  
Old 05-22-2018, 10:40 AM
mit31 mit31 is offline
Member
 
Join Date: Aug 2008
Posts: 174
iTrader: 1 / 100%
Default

A pistol that was stolen from me was recovered and returned (after many, many years in evidence). To my surprise, it was returned with the mag loaded (it had been empty when stolen). The bullets in it were obviously those of the gang banger that had last possessed it, and is now likely in Federal prison based on what the detectives were telling me.

Anyway, long story short, those bullets were dated 1986. $20 bucks says they were bought at a garage sale / estate sale. That happened long before this ammo bill was passed... felons are effectively already getting ammo by other means, as stated multiple times on this thread.

Quote:
Originally Posted by augoldminer View Post
A felon will just walk into a store and buy there ammo out of state.
What do they care about the law if they need ammo that just means they already have a weapon and are in violation anyway.
Reply With Quote
  #57  
Old 06-15-2018, 6:35 PM
RRangel RRangel is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Oct 2005
Location: Southern California
Posts: 5,159
iTrader: 2 / 100%
Default

Quote:
Originally Posted by augoldminer View Post
A felon will just walk into a store and buy there ammo out of state.
What do they care about the law if they need ammo that just means they already have a weapon and are in violation anyway.
If privileged leftists like Gavin Newsom really gave a damn they would be addressing their criminal constituents who are committing the crime. Not targeting the constitutional rights of their political enemies for destruction. What basically amounts to persecution for acting like an American.
__________________
Reply With Quote
  #58  
Old 06-15-2018, 9:19 PM
Steve1968LS2's Avatar
Steve1968LS2 Steve1968LS2 is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Feb 2010
Location: Orange County, CA
Posts: 8,125
iTrader: 72 / 99%
Default

Quote:
Originally Posted by augoldminer View Post
A felon will just walk into a store and buy there ammo out of state.
What do they care about the law if they need ammo that just means they already have a weapon and are in violation anyway.
Well, if a ton of cocaine can be smuggled over the border I'm sure a few bullets and or guns would be even easier..

A BG only needs one bullet to ruin your day.. to think any of these ammo laws will stop any crime is just lunacy.
__________________
"Unless we keep the barbarian virtues, gaining the civilized ones will be of little avail. Oversentimentality, oversoftness, washiness, and mushiness are the great dangers of this age and of this people." Theodore Roosevelt

Member: Patron member NRA, lifetime member SAF, CRPA, Guardian Front Sight
Reply With Quote
  #59  
Old 06-15-2018, 11:38 PM
Garand1911's Avatar
Garand1911 Garand1911 is offline
Senior Member
 
Join Date: Sep 2002
Location: Occupied Territory
Posts: 1,394
iTrader: 0 / 0%
Default

If criminals can figure out a way around Kalif gun laws, then getting ammo is is going to be even easier.


Its good that Kim Rhode is involved here, being a female and Olympic champion shows that us gun owners are not the stereotype that they think we are.
__________________
"I saved your life, AND brought you pizza" -- Me

Last edited by Garand1911; 06-15-2018 at 11:41 PM..
Reply With Quote
  #60  
Old 06-16-2018, 1:36 PM
aBrowningfan aBrowningfan is offline
Senior Member
 
Join Date: Jan 2014
Posts: 595
iTrader: 0 / 0%
Default

Quote:
Originally Posted by Garand1911 View Post
Its good that Kim Rhode is involved here, being a female and Olympic champion shows that us gun owners are not the stereotype that they think we are.
Not sure about the female part. But not being able to practice a perishable skill at a championship level can be a compelling narrative. I only wish more competitive shooters had stepped up to challenge the ammunition import ban.
Reply With Quote
  #61  
Old 06-16-2018, 1:40 PM
cockedandglocked's Avatar
cockedandglocked cockedandglocked is offline
I'm with stupid ☝️
CGN Contributor - Lifetime
 
Join Date: Apr 2014
Location: Near Excremento
Posts: 13,887
iTrader: 7 / 100%
Blog Entries: 1
Default

Quote:
Originally Posted by aBrowningfan View Post
Not sure about the female part. But not being able to practice a perishable skill at a championship level can be a compelling narrative. I only wish more competitive shooters had stepped up to challenge the ammunition import ban.
The problem is, while we all know this law is a major obstacle to buying ammo, we also all know she's still going to get ammo regardless.... That's the problem with fighting these "baby steps" laws, is no single one of them appears to outsiders as causing any major obstacle by itself; you have to factor in the big picture - how ALL of these laws act in concert to make gun ownership prohibitively difficult - to be able to present a case, and that's the problem with lawsuits that challenge only a single law. I'd love to see one that challenges the entire Weapons section of the penal code, but I doubt we'll ever see that.

Last edited by cockedandglocked; 06-16-2018 at 1:43 PM..
Reply With Quote
  #62  
Old 06-16-2018, 1:45 PM
aBrowningfan aBrowningfan is offline
Senior Member
 
Join Date: Jan 2014
Posts: 595
iTrader: 0 / 0%
Default

Quote:
Originally Posted by cockedandglocked View Post
The problem is, while we all know this law is a major obstacle to buying ammo, we also all know she's still going to get ammo regardless.... That's the problem with fighting these "baby steps" laws, is no single one of them appears to outsiders as causing any major obstacle by itself.
As long as Kim Rhode is spending an additional $20 for ammo post ban, she has standing. She could hit the $20 threshold within a week, maybe sooner. As far as baby steps, you have to draw a line at some point.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 12:04 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2018, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.