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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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#42
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-Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#45
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Quote:
-Gene
__________________
Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#46
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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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When am I going to see Dragunov OLLs for sale?? |
#50
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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 |
#51
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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. |
#52
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Quote:
-Gene
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Gene Hoffman Chairman, California Gun Rights Foundation DONATE NOW to support the rights of California gun owners. Follow @cgfgunrights on Twitter. Opinions posted in this account are my own and not the approved position of any organization. I read PMs. But, if you need a response, include an email address or email me directly! "The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon
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#53
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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 |
#54
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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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Jack Do you want an AOW or C&R SBS/SBR in CA? No posts of mine are to be construed as legal advice, which can only be given by a lawyer. |
#55
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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 |
#56
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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
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#59
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Just sending in your annual membership fee is not enough
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When am I going to see Dragunov OLLs for sale?? |
#60
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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. |
#61
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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. |
#62
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John -- bitter gun owner. All opinions expressed here are my own unless I say otherwise. I am not a lawyer and this is not legal advice. |
#63
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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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"Gun control is not about guns, it is about control" Mike's Custom Firearms 661-834-7836 http://mikescustomfirearms.com/ |
#65
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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
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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.. |
#68
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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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Brett Thomas - @the_quark on Twitter - Founding CGF Director and Treasurer; NRA Life Member; Ex-CRPA Director and Life Member; SAF Life Member; Peña Plaintiff |
#70
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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. |
#71
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#72
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No way to tell until Pena moves in some direction.
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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. |
#73
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Contributors to this thread excepted, of course.
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“I would rather be exposed to the inconveniences attending too much liberty, than those attending too small a degree of it.” - Thomas Jefferson "There are lots of bad Republicans. There are no good Democrats." - Ann Coulter |
#74
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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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They say you need to reach out and touch someone. Well you've been touched. O ne B ig A ss M istake A merica Retard is not an offensive statement if the statement about said retard is true. |
#75
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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
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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.. |
#78
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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. |
#80
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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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Brett Thomas - @the_quark on Twitter - Founding CGF Director and Treasurer; NRA Life Member; Ex-CRPA Director and Life Member; SAF Life Member; Peña Plaintiff |
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