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 > California 2nd Amend. Political Discussion & Activism
Register FAQ Members List Calendar Mark Forums Read

California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

Reply
 
Thread Tools Display Modes
  #1  
Old 07-03-2010, 12:15 AM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Cottage Grove, OR
Posts: 40,322
iTrader: 4 / 100%
Blog Entries: 6
Default Suit vs AB 962: State Ammunition v Lindley filed in Federal Eastern District

Google docs copy of complaint.

State Ammunition site says
Quote:
The lawsuit was filed by the Chaffin Law Office http://chaffinlaw.com of Ventura, California, on behalf of three Plaintiffs including State Ammunition Inc., a California company selling ammunition online at http://www.stateammo.com, as well as individuals Jim Otten and Jim Russell, both retired members of the United States Marine Corps. Jim Otten, a Minnesota resident, is the owner of http://www.a1ammo.com, a company outside California claiming that as a result of AB962, it will no longer be able to sell to California residents and Jim Russell, a retired Marine Corps Major and a Shooting Sports Director for the Paralyzed Veterans Association of America, who claims that as a result of AB962, he will be unable to purchase bulk handgun ammunition online which he uses to help disabled veterans with rehabilitative organized shooting activities.

The legal action claims that AB962 violates the Commerce Clause of the United States Constitution by banning handgun ammunition sales in anything other than a face-to-face transaction, and therefore eliminating the ability for California residents to buy ammunition from companies outside the state, as well as the ability for companies inside the state to sell to out-of-state residents. Plaintiffs also argue that AB962 violates Equal Protection and Due Process rights by criminalizing sales of handgun ammunition to various prohibited persons without defining handgun ammunition, and without giving people to ability to know who is actually a prohibited purchaser.
H/T to member MosinMan42 at the High Road.
__________________
No one will really understand politics until they understand that politicians are not trying to solve our problems. They are trying to solve their own problems - of which getting elected and re-elected are number one and number two. Whatever is number three is far behind.
- Thomas Sowell
I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.


Gregg Easterbrook’s “Law of Doomsaying”: Predict catastrophe no later than ten years hence but no sooner than five years away — soon enough to terrify people but distant enough that they will not remember that you were wrong.


Not a lawyer, just Some Guy On The Interwebs.



Last edited by Librarian; 07-03-2010 at 12:17 AM..
Reply With Quote
  #2  
Old 07-03-2010, 12:19 AM
Joe Joe is offline
Calguns Addict
 
Join Date: Apr 2006
Location: Sac
Posts: 5,763
iTrader: 33 / 100%
Default

Awesome

Does this potentially mean they will delay the law going into effect until the case is decided on?
Reply With Quote
  #3  
Old 07-03-2010, 12:29 AM
wildhawker's Avatar
wildhawker wildhawker is offline
I need a LIFE!!
 
Join Date: Nov 2008
Location: California
Posts: 14,231
iTrader: 84 / 100%
Default

I have RECAPed the docket, FYI.

CASE NO: 1:10−CV−01007−AWI−SMS
State Ammunition Inc. et al v. Steven Lindley
__________________
Brandon Combs

I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.
Reply With Quote
  #4  
Old 07-03-2010, 12:34 AM
jdberger's Avatar
jdberger jdberger is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Oct 2005
Posts: 8,958
iTrader: 5 / 100%
Default

Quote:
Originally Posted by Joe View Post
Awesome

Does this potentially mean they will delay the law going into effect until the case is decided on?
We've a way to go - but I think that it would be fair to seek a stay. Given McDonald, I think it'd be fair for a judge to grant one.

It deals in handgun ammo.
It deals with home delivery.

Note - I haven't read the complaint yet.
__________________
Rest in Peace - Andrew Breitbart. A true student of Alinsky.

90% of winning is simply showing up.

"Let's not lose sight of how much we reduced our carbon footprint by telecommuting this protest." 383green


NRA Benefactor Member
Reply With Quote
  #5  
Old 07-03-2010, 12:48 AM
Crom Crom is offline
Senior Member
 
Join Date: Feb 2010
Posts: 1,621
iTrader: 5 / 100%
Default

This case looks like it has a good chance to succeed on a number of issues. Good find Librarian!
__________________

Reply With Quote
  #6  
Old 07-03-2010, 12:51 AM
thayne's Avatar
thayne thayne is offline
Senior Member
 
Join Date: Jun 2010
Location: CA
Posts: 2,288
iTrader: 0 / 0%
Default

Get some!
__________________
Quote:
"It wasn't a failure of laws," said Amanda Wilcox, who along with her husband, Nick, lobbies for the California chapter of the Brady Campaign to Prevent Gun Violence. "I just don't see how our gun laws could have stopped something like that."
Reply With Quote
  #7  
Old 07-03-2010, 12:54 AM
Lone_Gunman Lone_Gunman is offline
Calguns Addict
 
Join Date: Jan 2009
Location: In the wind
Posts: 8,403
iTrader: 43 / 100%
Default

Is this good for us? Does the law firm know their stuff? Is the CGF involved in any way? I'm not saying the CGF is the only game in town, but I have come to trust those guys. If they say it's a good case with a good approach then IMHO it is. Just don't wanna get Gorskied.
Reply With Quote
  #8  
Old 07-03-2010, 1:02 AM
ZenMasta's Avatar
ZenMasta ZenMasta is offline
Member
 
Join Date: Apr 2010
Posts: 144
iTrader: 1 / 100%
Default

Nice
__________________
Download my android app
Reply With Quote
  #9  
Old 07-03-2010, 1:45 AM
SickofSoCal SickofSoCal is offline
Calguns Addict
 
Join Date: May 2009
Posts: 7,640
iTrader: 2 / 100%
Default

Quote:
Originally Posted by Librarian View Post
Google docs copy of complaint.

State Ammunition site says
H/T to member MosinMan42 at the High Road.
I am interested...........will not the court simply rule that they can order through an authorized FFL?
__________________
"If men were angels, no government would be necessary." - James Madison, Federalist No. 51 (1787)
Reply With Quote
  #10  
Old 07-03-2010, 2:51 AM
CalNRA's Avatar
CalNRA CalNRA is offline
Calguns Addict
 
Join Date: Apr 2006
Posts: 8,696
iTrader: 12 / 100%
Default

Quote:
Originally Posted by SickofSoCal View Post
I am interested...........will not the court simply rule that they can order through an authorized FFL?
disabled....far away from nearest FFL...etc, etc.

Unless UPS wants to get into the business of collecting CDL info and thumb prints, the law as it stands makes it impossible for people with disabilities and living far away from FFLs to get ammo.
__________________
Quote:
Originally Posted by cvigue View Post
This is not rocket surgery.
Reply With Quote
  #11  
Old 07-03-2010, 2:59 AM
SickofSoCal SickofSoCal is offline
Calguns Addict
 
Join Date: May 2009
Posts: 7,640
iTrader: 2 / 100%
Default

Quote:
Originally Posted by CalNRA View Post
disabled....far away from nearest FFL...etc, etc.

Unless UPS wants to get into the business of collecting CDL info and thumb prints, the law as it stands makes it impossible for people with disabilities and living far away from FFLs to get ammo.
Ah, I see now.

However, would they not just reach a compromise, without the law actually being struck down?


This AB962 is like a cancerous tumor, I just really don't see it going away anytime soon.
__________________
"If men were angels, no government would be necessary." - James Madison, Federalist No. 51 (1787)
Reply With Quote
  #12  
Old 07-03-2010, 5:03 AM
shooting4life's Avatar
shooting4life shooting4life is offline
Calguns Addict
 
Join Date: Jan 2009
Location: San Lorenzo
Posts: 5,716
iTrader: 43 / 100%
Default

Good to see. Wish tthem all the best
Reply With Quote
  #13  
Old 07-03-2010, 6:18 AM
Ding126's Avatar
Ding126 Ding126 is offline
Veteran Member
 
Join Date: Apr 2008
Location: Solano County / Nor Cal
Posts: 4,452
iTrader: 141 / 100%
Default

This is good news to wake up to. Thanks to all
__________________
Reply With Quote
  #14  
Old 07-03-2010, 6:40 AM
Andy Taylor Andy Taylor is offline
Senior Member
 
Join Date: Dec 2007
Location: Colorado Rockies
Posts: 1,369
iTrader: 0 / 0%
Default

Good news. Americans With Disabilities Act angle. That might just work.
__________________
"Although personally I am quite content with existing explosives, I feel we must not stand in the path of improvement." Winston Churchill

“Among the natural rights of the colonists are these: First a right to life, secondly to liberty, and thirdly to property; together with the right to defend them in the best manner they can” Samual Adams
Reply With Quote
  #15  
Old 07-03-2010, 6:40 AM
the_quark's Avatar
the_quark the_quark is offline
Senior Member
 
Join Date: May 2006
Posts: 1,003
iTrader: 0 / 0%
Default

Nice plaintiff selection. They don't raise second amendment issues at all - and, in fact, filed a month before McDonald. Looks like it's mainly due process (unconstitutionally vague) and commerce clause stuff.
__________________
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
Reply With Quote
  #16  
Old 07-03-2010, 6:50 AM
jdberger's Avatar
jdberger jdberger is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Oct 2005
Posts: 8,958
iTrader: 5 / 100%
Default

Plaintiff's counsel was "shopping" here on CGN some time ago.
__________________
Rest in Peace - Andrew Breitbart. A true student of Alinsky.

90% of winning is simply showing up.

"Let's not lose sight of how much we reduced our carbon footprint by telecommuting this protest." 383green


NRA Benefactor Member
Reply With Quote
  #17  
Old 07-03-2010, 8:09 AM
EBR Works's Avatar
EBR Works EBR Works is offline
Vendor/Retailer
 
Join Date: Dec 2007
Location: Prescott, AZ
Posts: 9,625
iTrader: 110 / 100%
Default

Quote:
Originally Posted by Lone_Gunman View Post
Is this good for us? Does the law firm know their stuff? Is the CGF involved in any way?
^^ Important!
__________________


Check out our e-commerce site here:

www.ebrworks.com

Serving you from Prescott, AZ
Reply With Quote
  #18  
Old 07-03-2010, 8:32 AM
perrytr6 perrytr6 is offline
Junior Member
 
Join Date: Aug 2009
Location: SoCal
Posts: 31
iTrader: 2 / 100%
Default

What great news! Perfect way to start the day!!
Reply With Quote
  #19  
Old 07-03-2010, 8:35 AM
hoffmang's Avatar
hoffmang hoffmang is offline
I need a LIFE!!
 
Join Date: Apr 2006
Location: Peninsula, Bay Area
Posts: 18,447
iTrader: 14 / 100%
Default

CGF is coordinating with counsel here.

-Gene
__________________
Gene Hoffman
Chairman, The Calguns Foundation

DONATE NOW
to support the rights of California gun owners. Follow @CalgunsFdn 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
Reply With Quote
  #20  
Old 07-03-2010, 9:07 AM
Swiss's Avatar
Swiss Swiss is offline
Senior Member
 
Join Date: Jan 2009
Location: Contra Costa
Posts: 826
iTrader: 0 / 0%
Default

I thought CGF was preparing to file a case of its own against AB962. Is this, or is this not, the case?
Reply With Quote
  #21  
Old 07-03-2010, 9:11 AM
hoffmang's Avatar
hoffmang hoffmang is offline
I need a LIFE!!
 
Join Date: Apr 2006
Location: Peninsula, Bay Area
Posts: 18,447
iTrader: 14 / 100%
Default

Quote:
Originally Posted by Swiss View Post
I thought CGF was preparing to file a case of its own against AB962. Is this, or is this not, the case?
CGF does have a different case coming that brings a different challenge.

-Gene
__________________
Gene Hoffman
Chairman, The Calguns Foundation

DONATE NOW
to support the rights of California gun owners. Follow @CalgunsFdn 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
Reply With Quote
  #22  
Old 07-03-2010, 9:14 AM
cortayack's Avatar
cortayack cortayack is offline
Senior Member
 
Join Date: Dec 2008
Posts: 1,767
iTrader: 20 / 100%
Default

Good news.......Keep the fight going!
Reply With Quote
  #23  
Old 07-03-2010, 9:18 AM
BigDogatPlay's Avatar
BigDogatPlay BigDogatPlay is offline
Calguns Addict
 
Join Date: Jun 2007
Location: Beautiful progressive Sonoma County
Posts: 7,383
iTrader: 13 / 100%
Default

Not having yet read the full complaint, this appears to be a good challenge with well thought out plaintiffs.

Rock on!!!!
__________________
-- Rifle, Pistol, Shotgun

Not a lawyer, just a former LEO proud to have served.

Quote:
Americans have the right and advantage of being armed - unlike the citizens of other countries whose governments are afraid to trust the people with arms. -- James Madison
Reply With Quote
  #24  
Old 07-03-2010, 9:44 AM
SanPedroShooter's Avatar
SanPedroShooter SanPedroShooter is offline
Calguns Addict
 
Join Date: Jan 2010
Location: Los Angeles Harbor
Posts: 9,742
iTrader: 25 / 100%
Default

I just read the full complaint and it appears well thought out and actually pretty simple (unlike AB962) . This should'nt be a huge intellectual leap for a judge to make to overturn the whole thing. It seems like we're always under attack out here in CA. I hope this is the first step in turning the tide. I couldnt be prouder of Calguns Foundation! You guys are awesome, and i cant wait to see your complaint filed. Time to donate!

Last edited by SanPedroShooter; 07-03-2010 at 10:01 AM..
Reply With Quote
  #25  
Old 07-03-2010, 9:54 AM
Grakken's Avatar
Grakken Grakken is offline
Senior Member
 
Join Date: Jun 2006
Location: San Diego
Posts: 1,102
iTrader: 8 / 100%
Default

THANK YOU CHAFFINLAW for not pulling a Gorski on us.

Good Luck.

__________________
NRA - Life Member

Guns don't kill people. People Kill people.
Reply With Quote
  #26  
Old 07-03-2010, 9:59 AM
SixtyDashOne's Avatar
SixtyDashOne SixtyDashOne is offline
Member
 
Join Date: Apr 2010
Posts: 262
iTrader: 0 / 0%
Default

I really hope AB 962 goes down in flames as a result of these suits. As much as I HATE that damned "safe handgun" roster, I think this bill would be far more debilitating to us all.
__________________
Quote:
Originally Posted by tuna quesadilla View Post
Sure, a good 1911 will feed FMJ ammo flawlessly, and some of them will even feed JHP. But they lack the features that make the Glock the excellent pistol that it is. A 1911 is an enthusiast's toy, not a serious combat pistol.
Reply With Quote
  #27  
Old 07-03-2010, 10:05 AM
chris's Avatar
chris chris is offline
I need a LIFE!!
 
Join Date: Apr 2006
Location: In Texas for now
Posts: 18,889
iTrader: 1 / 100%
Default

the next couple of months should be very interesting to watch as this state's gun laws are hopefully going to go down in flames.
__________________
http://govnews.ca.gov/gov39mail/mail.php

Thank your neighbor and fellow gun owners for passing Prop 63. For that gun control is a winning legislative agenda.
https://www.youtube.com/watch?v=Z6Dj8tdSC1A
contact the governor
https://govnews.ca.gov/gov39mail/mail.php
In Memory of Spc Torres May 5th 2006 al-Hillah, Iraq. I will miss you my friend.
NRA Life Member.
Reply With Quote
  #28  
Old 07-03-2010, 10:11 AM
Hans Gruber's Avatar
Hans Gruber Hans Gruber is offline
Senior Member
 
Join Date: Jun 2005
Location: Valley of the (Porn) Stars!
Posts: 1,905
iTrader: 8 / 100%
Default

If 962 goes down in flames, what does that mean for other similar local ordinances (ie Los Angeles City)?
__________________
Team Echo-Sigma!
http://echo-sigma.com
Reply With Quote
  #29  
Old 07-03-2010, 11:09 AM
NorCalDustin NorCalDustin is offline
Senior Member
 
Join Date: Apr 2010
Location: Northern California - Sacramento
Posts: 1,461
iTrader: 9 / 100%
Default

Quote:
Originally Posted by hoffmang View Post
CGF is coordinating with counsel here.

-Gene
Quote:
Originally Posted by hoffmang View Post
CGF does have a different case coming that brings a different challenge.

-Gene
Both good to hear.
Reply With Quote
  #30  
Old 07-03-2010, 11:47 AM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Cottage Grove, OR
Posts: 40,322
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by Hans Gruber View Post
If 962 goes down in flames, what does that mean for other similar local ordinances (ie Los Angeles City)?
Probably that they need to be challenged in court; I think the reasoning the court uses for its opinion re:962 will govern further challenges. But the laws won't go away on their own.
__________________
No one will really understand politics until they understand that politicians are not trying to solve our problems. They are trying to solve their own problems - of which getting elected and re-elected are number one and number two. Whatever is number three is far behind.
- Thomas Sowell
I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.


Gregg Easterbrook’s “Law of Doomsaying”: Predict catastrophe no later than ten years hence but no sooner than five years away — soon enough to terrify people but distant enough that they will not remember that you were wrong.


Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #31  
Old 07-03-2010, 12:17 PM
xLusi0n xLusi0n is offline
Senior Member
 
Join Date: Feb 2006
Posts: 1,648
iTrader: 28 / 100%
Default

The sad thing is that the state of CA will have to spend millions of dollars defending this (and other laws) yet we can't afford to pay state workers their full wage for July.
__________________
PM or e-mail me if you're interested for a Front Sight membership at a reduced price.
Reply With Quote
  #32  
Old 07-03-2010, 12:20 PM
CalNRA's Avatar
CalNRA CalNRA is offline
Calguns Addict
 
Join Date: Apr 2006
Posts: 8,696
iTrader: 12 / 100%
Default

if someone wanted to contribute or help, what can the lay do? I f***ing hate AB962 and I don't have tens of thousands of dollars to stock up on ammo with.
__________________
Quote:
Originally Posted by cvigue View Post
This is not rocket surgery.
Reply With Quote
  #33  
Old 07-03-2010, 1:06 PM
berto's Avatar
berto berto is offline
Calguns Addict
 
Join Date: Oct 2005
Location: Berkeley, CA, USA
Posts: 7,726
iTrader: 11 / 100%
Default

Quote:
Originally Posted by hoffmang View Post
CGF is coordinating with counsel here.

-Gene
Thank you. I remember counsel poking around here and I'm glad he and CGF are working together.
Reply With Quote
  #34  
Old 07-03-2010, 1:11 PM
vf111's Avatar
vf111 vf111 is offline
Senior Member
 
Join Date: Feb 2006
Posts: 2,235
iTrader: 93 / 100%
Default

Quote:
Originally Posted by xLusi0n View Post
The sad thing is that the state of CA will have to spend millions of dollars defending this (and other laws) yet we can't afford to pay state workers their full wage for July.
Agreed - I have many friends that work for the state (I'm private sector but do a lot of business with the state) and all the BS shenanigans going on with their pay really hurts - now the state will blow millions of dollars defending a law that has a pretty good chance of being dumped.

If you ask me, any cost to defend a law that gets overturned by the courts should be borne by the politicians that voted for it.

Last edited by vf111; 07-03-2010 at 1:15 PM..
Reply With Quote
  #35  
Old 07-03-2010, 1:22 PM
glockwise2000's Avatar
glockwise2000 glockwise2000 is offline
Veteran Member
 
Join Date: Sep 2008
Location: Simi Valley, CA
Posts: 2,502
iTrader: 60 / 100%
Default

I wonder if effing kevin de leon is aware and shaking at his boots right now.
__________________
(\__/)
(='.'=)
(")_(") Copy and paste this bunny into your signature to help him gain world domination.!!!

http://i60.photobucket.com/albums/h40/LIR_123/GlockWise.png
Reply With Quote
  #36  
Old 07-03-2010, 1:34 PM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Cottage Grove, OR
Posts: 40,322
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by glockwise2000 View Post
I wonder if effing kevin de leon is aware and shaking at his boots right now.
Doubt it. Gives him and all his fellow-travellers an opportunity to grandstand. Being wrong just won't matter as much as getting publicity.
__________________
No one will really understand politics until they understand that politicians are not trying to solve our problems. They are trying to solve their own problems - of which getting elected and re-elected are number one and number two. Whatever is number three is far behind.
- Thomas Sowell
I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.


Gregg Easterbrook’s “Law of Doomsaying”: Predict catastrophe no later than ten years hence but no sooner than five years away — soon enough to terrify people but distant enough that they will not remember that you were wrong.


Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #37  
Old 07-03-2010, 1:42 PM
bodger's Avatar
bodger bodger is offline
Calguns Addict
 
Join Date: May 2009
Location: SoCal
Posts: 6,019
iTrader: 10 / 100%
Default

Quote:
Originally Posted by glockwise2000 View Post
I wonder if effing kevin de leon is aware and shaking at his boots right now.

He's probably not only aware of this suit, but also aware that his AB962 would generate this type of challenge when he introduced it. (Maybe not though, I never underestimate the stupidity of the people in CA government.)

In any case, he and others like him are too arrogant to pay much mind to challenges to their pet anti-gun bills. They're busy authoring up the next insult to our rights. Getting them passed is the goal, and copping all the feel good credit and anti-gun votes. That's job security in this state for these ignorant goons. What happens after a bill is signed is insignificant and if the law is reversed, he can blame it on the gun nuts and call for even more support from the antis.
Mark Feuer is another good example of this.

Whether the law eventually gets struck down probably doesn't mean a damn thing to them. Their victory occurred when the law was passed, and despite our efforts, Arnie signed it into law and had a party with DeLeon and the Brady hags in downtown LA. They know it won't reduce crime anyway, and that wasn't their goal in the first place.

They don't care if it takes millions of much needed tax dollars to defend a legal action against a worthless law that should not have been passed. Doesn't cost Deleon a nickel. He's probably happy to keep that going and put financial pressure on the gun community.

Last edited by bodger; 07-03-2010 at 1:45 PM.. Reason: spelling
Reply With Quote
  #38  
Old 07-03-2010, 1:55 PM
Nodda Duma's Avatar
Nodda Duma Nodda Duma is offline
Live Free Or Die
CGN Contributor
 
Join Date: Nov 2007
Location: Brookline, NH
Posts: 3,457
iTrader: 5 / 100%
Default

Question: do we know if freight carriers (UPS, FedEx, etc) have been contacted to make a statement in regards to collecting info on individuals receiving shipment? As in, will they or won't they, rather than assuming they won't?

-Jason
Reply With Quote
  #39  
Old 07-03-2010, 1:59 PM
glockwise2000's Avatar
glockwise2000 glockwise2000 is offline
Veteran Member
 
Join Date: Sep 2008
Location: Simi Valley, CA
Posts: 2,502
iTrader: 60 / 100%
Default

tagged

__________________
(\__/)
(='.'=)
(")_(") Copy and paste this bunny into your signature to help him gain world domination.!!!

http://i60.photobucket.com/albums/h40/LIR_123/GlockWise.png
Reply With Quote
  #40  
Old 07-03-2010, 2:23 PM
Shotgun Man's Avatar
Shotgun Man Shotgun Man is offline
Veteran Member
 
Join Date: Oct 2007
Posts: 4,053
iTrader: 2 / 100%
Default

Quote:
Originally Posted by the_quark View Post
Nice plaintiff selection. They don't raise second amendment issues at all - and, in fact, filed a month before McDonald. Looks like it's mainly due process (unconstitutionally vague) and commerce clause stuff.
This may well morph into a 2A case. If I was the judge, I would ask for briefing on the 2A issue.

As a challenge to whether AB962 violates the dormant Commerce clause of the US constitution, maybe.

Quote:
This Court has adopted what amounts to a two-tiered approach to analyzing state economic regulation under the Commerce Clause. When a state statute directly regulates or discriminates against interstate commerce, or when its effect is to favor in-state economic interests over out-of-state interests, we have generally struck down the statute without further inquiry. [...]. When, however, a statute has only indirect effects on interstate commerce and regulates evenhandedly, we have examined whether the State's interest is legitimate and whether the burden on interstate commerce clearly exceeds the local benefits.
Brown-Forman Distillers Corp. v. New York State Liquor Auth., 476 U.S. 573

Below is a brief in support of the state's authority to restrict the sale of GMOs (genetically modified organisms). The antis are going to take the same argument and adapt it to ammunition.

Quote:

[...]
However, applicable federal case law does provide proponents of state GMO restrictions an argument that if legislation is done for legitimate local interests to protect the state’s health and safety, a statute could withstand a dormant commerce clause challenge. [...]

http://www.flaginc.org/topics/pubs/arts/GMOrestrict.pdf

Last edited by Shotgun Man; 07-03-2010 at 2:26 PM..
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 7:13 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2020, 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 2002-2020, Calguns.net an Incorporated Company All Rights Reserved.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.
Tactical Pants Tactical Boots Tactical Gear Military Boots 5.11 Tactical