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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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![]() Contacts: For OOIDA: Norita Taylor, norita_taylor@ooida.com Headquarters: (800) 444-5791 For The Calguns Foundation & Plaintiffs: Jason Davis, Jason@calgunlawyers.com Office: (949) 310-0817 Truckers and gun owner groups file lawsuit against California to void handgun ammunition shipping ban AB-962 Pre-empted By Federal Laws That Regulate Interstate Shipping For Immediate Release: 7/28/2010 Redwood City, CA - The Owner-Operator Independent Drivers Association (OOIDA) has joined with the Calguns Foundation, the National Rifle Association, the Folsom Shooting Club and two individual truckers to challenge California’s soon to be implemented ban on the interstate shipment of handgun ammunition to California. Last year, Governor Schwarzenegger signed Assembly Bill 962 into law. Starting in February 2011, the law will criminalize the delivery and transfer of handgun ammunition not done in face-to-face transactions. The law requires shipping companies to implement procedures to determine whether the recipient of a package containing handgun ammunition is covered by one of the exceptions in the law before delivering handgun ammunition in California. This places a big burden on the shippers, and will make shipping ammunition to California much more difficult and likely more expensive. The new lawsuit, filed today in Sacramento’s Eastern District Federal Court, alleges that these provisions of the law violate the Federal Aviation Administration Authorization Act, which prohibits states and local municipalities from interfering with carriers’ rates, routes, or services. “This isn’t about firearms or ammunition. Congress made an important decision to keep motor carriers free from a patchwork of burdensome regulation as we move America’s goods to market” said Jim Johnston, OOIDA President. “We cannot allow California to subject our members to criminal liability where the state has no right to meddle.” California depends on the efficient movement of goods by carrier into California. “California legislators have become accustomed to trampling the rights of California’s gun community. However, this time they’ve taken that recklessness into a field that will hurt every Californian. AB-962 will slow down everyone who orders goods online or buys goods at a retail store,” said Gene Hoffman, Chairman of The Calguns Foundation. In February 2008, a unanimous United States Supreme Court struck down Maine’s directly analogous law regarding the delivery of cigarettes to Maine in Rowe v. New Hampshire Motor Transport. “It does not matter what the State’s goal is or how honorable they believe their cause is,” stated lead attorney, Jason Davis of Davis & Associates. “Rowe made it clear that a state cannot interfere with a carrier’s rates, routes, or services. AB962 does just that.” “At Sacramento Valley Shooting Center, we currently provide handgun ammunition sales to the public,” said Jim Bass, President of Folsom Shooting Club. “Should the shipping restrictions in AB-962 take effect, we have no way to prove to shippers that we are a handgun ammunition vendor under the law.” This case follows a Second Amendment and Commerce Clause challenge entitled State Ammunition v. Lindley, and a California State Court Challenge to the vagueness and other requirements of AB-962 brought by the NRA-CRPA Foundation Legal Action Project. The delivery prohibitions of AB-962 take effect in February 2011; Plaintiffs in this case will be moving quickly to obtain an injunction before the shipping portions of the law takes effect. The case is filed as OOIDA et. al v. Lindley, U.S. Dist. Ct. E.D. C.A. 2:10-at-01095. A copy of the complaint is available from http://bit.ly/OOIDA-CGF-NRA . --- The Owner-Operator Independent Drivers Association is the largest national trade association representing the interests of small-business trucking professionals and professional truck drivers. The Association currently has more than 154,000 members nationwide. OOIDA was established in 1973 and is headquartered in the greater Kansas City, Mo., area. The Calguns Foundation (http://calgunsfoundation.org) is a non-profit legal defense fund for California gun owners. The Calguns Foundation works to educate government and the public and protect the rights of individuals to acquire, own and lawfully use firearms in California. Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military. The Folsom Shooting Club Inc. was incorporated in 1951 and currently operates Sacramento Valley Shooting Center at Sloughhouse CA. Sacramento Valley Shooting center provides ranges for private, government and public use with rifles, handguns and shotguns. FSC and its 1500 members constantly work with law enforcement, the military, youth and wildlife groups and members of the public to promote safe and proper handling of firearms for sporting, recreational and personal use.
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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
![]() Last edited by jmlivingston; 07-28-2010 at 6:28 PM.. Reason: Nits |
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"Send money. We have lawyers and guns." -- Gene Hoffman |
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Apologies for the crude reference, but this is gonna be a 3-way gangbang.
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Bill Wiese San Jose, CA CGF Board Member / NRA Benefactor Life Member / CRPA life member
![]() No postings of mine here, unless otherwise specifically noted, are to be construed as formal or informal positions of the Calguns.Net ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer. |
#5
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Keep up the good work!
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"A generation which ignores history has no past — and no future." - Robert A Heinlein. |
#6
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Is there a chance this case will be completely resolved before February, 2011 or are we hoping a federal judge will block AB 962 from going into effect before then?
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Achievement of your happiness is the only moral purpose of your life, and that happiness, not pain or mindless self-indulgence, is the proof of your moral integrity, since it is the proof and the result of your loyalty to the achievement of your values. -Ayn Rand |
#7
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I think this state should get used to it. Our legislators may want to visit San Quentin so they can get some practice.
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#8
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Thank you, CGF
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![]() If you live in Solano County, please join us at: http://www.calguns.net/calgunforum/group.php?groupid=12 NRA Certified Pistol Instructor |
#9
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![]() Quote:
-Gene
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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
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#10
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We work very hard at turning your tax-deductible donations into real results. Freedom isn't free, and thank you all who recognize it and contribute.
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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. |
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Excellent news!
![]() I believe there's a word missing in the title of the release (or at least this cut-n-paste of it): Quote:
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#16
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Oops. Missed that the first time.
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Achievement of your happiness is the only moral purpose of your life, and that happiness, not pain or mindless self-indulgence, is the proof of your moral integrity, since it is the proof and the result of your loyalty to the achievement of your values. -Ayn Rand |
#17
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Thanks to Jason Davis, Calguns Foundation & Gene for all their efforts.
I'll be adding this complaint to my signature line shortly now. ![]() Erik. |
#18
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1. August
2. September 3. October 4. November 5. December 6. January Now the end of July and it takes effect in Feb. Is there a significance to waiting for almost exactly 6 months before to file the suit? I've been wondering why something wasn't filed sooner. Timing? Right plaintiff? Full moon? Just curious.
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"Send money. We have lawyers and guns." -- Gene Hoffman |
#19
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It's my understanding that a plaintiff backed out which delayed the case.
But it's on now. |
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"Look at the tyranny of party -- at what is called party allegiance, party loyalty -- a snare invented by designing men for selfish purposes -- and which turns voters into chattles, slaves, rabbits, and all the while their masters, and they themselves are shouting rubbish about liberty, independence, freedom of opinion, freedom of speech, honestly unconscious of the fantastic contradiction....." "The Character of Man," Mark Twain's Autobiography |
#22
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Put another way, this is one horse I'll be happy to beat to death.
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![]() Statements I make on this forum should not be construed as giving legal advice or forming an attorney-client relationship. |
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Probably right plaintiffs. Remember that Jason Davis is the lawyer for all of the plaintiffs except for Chuck Michel who is representing the NRA. It takes a special kind of gumption, "fire in the belly", if you will, to be a good plaintiff for something you believe in.
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There were multiple, significant reasons why this suit and Parker were filed when they were. Those reasons will become evident eventually.
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#26
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![]() Quote:
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"Send money. We have lawyers and guns." -- Gene Hoffman |
#27
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we on Calguns are pretty desensitized to...such references.
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#28
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Can this case be added to the CGF Wiki?
Erik. |
#30
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#31
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Bill, you can sell the video on the internet.... You just need a new .XXX domain....
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#36
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So this is a two pronged attack with the CRPA / NRA suit the other prong?
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The deterioration of every government begins with the decay of the principles on which it was founded. Charles-Louis de Secondat (1689-1755) Baron de Montesquieu In America, freedom and justice have always come from the ballot box, the jury box, and when that fails, the cartridge box. Steve Symms, ex-U.S. Senator, Idaho |
#38
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Three prongs if you count the lawsuit filed by State Ammunition.
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![]() Statements I make on this forum should not be construed as giving legal advice or forming an attorney-client relationship. |
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Would this actually take down the entire law or would certain parts be addressed with an injunction before it goes into effect? I mean if the courts agree that it is unconstitutional, does the entire law get struck down or just the provision about ftf ammo sells?
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