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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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  #1  
Old 01-18-2011, 11:33 AM
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Default Breaking: AB962 Dead!!! Official NOW!

Just got this email from a distributor -

Just in AB962 Is dead. Judge Hamilton over ruled it.
Finally someone in California with some common sense!!!!!!!!

==========
Official announcement from legal team shortly.

Quote:
I can confirm that AB-962 has been struck down. An official announcement should be forthcoming in minutes from Michel & Associates/CRPA-F.

-Gene
ETA -

COURT GRANTS NRA / CRPA FOUNDATION MOTION, INVALIDATES UNCONSTITUTIONAL AMMUNITION REGULATION STATUTE THAT WOULD HAVE BANNED MAIL ORDER AMMO SALES & REQUIRED AMMO SALES REGISTRATION

In a dramatic ruling giving gun owners a win in an National Rifle Association / California Rifle and Pistol (CRPA) Foundation lawsuit, this morning Fresno Superior Court Judge Jeffrey Hamilton ruled that AB 962, the hotly contested statute that would have banned mail order ammunition sales and required all purchases of so called “handgun ammunition” to be registered, was unconstitutionally vague on its face. The Court enjoined enforcement of the statute, so mail order ammunition sales to California can continue unabated, and ammunition sales need not be registered under the law.

The lawsuit was prompted in part by the many objections and questions raised by confused police, ammunition purchasers, and sellers about what ammunition is covered by the new laws created by AB 962. In a highly unusual move that reflects growing law enforcement opposition to ineffective gun control laws, Tehama County Sheriff Clay Parker is the lead plaintiff in the lawsuit. Other plaintiffs include the CRPA Foundation, Herb Bauer Sporting Goods, ammunition shipper Able’s Ammo, collectible ammunition shipper RTG Sporting Collectibles, and individual Steven Stonecipher. Mendocino Sheriff Tom Allman also supported the lawsuit.

The ruling comes just days before the portion of the law that bans mail order sales of so called “handgun ammunition” was set to take effect on February 1, 2011. The lawsuit, Parker v. California is funded exclusively by the NRA and the CRPA Foundation. If it had gone into effect, AB 962 would have imposed burdensome and ill conceived restrictions on the sales of ammunition. AB 962 required that “handgun ammunition” be stored out of the reach of customers, that ammunition vendors collect ammunition sales registration information and thumb-prints from purchasers, and conduct transactions face-to-face for all deliveries and transfers of “handgun ammunition.” The lawsuit successfully sought the declaration from the Court that the statute was unconstitutional, and successfully sought the injunctive relief prohibiting law enforcement from enforcing the new laws.

The lawsuit alleged, and the Court agreed, that AB 962 is unconstitutionally vague on its face because it fails to provide sufficient legal notice of what ammunition cartridges are “principally for use in a handgun,” and thus is considered “handgun ammunition” that is regulated under AB 962. It is practically impossible, both for those subject to the law and for those who must enforce it, to determine whether any of the thousands of different types of ammunition cartridges that can be used in handguns are actually “principally for use in” or used more often in, a handgun. The proportional usage of any given cartridge is impossible to determine, and in any event changes with market demands. In fact, the legislature itself is well aware of the vagueness problem with AB 962's definition of "handgun ammunition" and tried to redefine it via AB 2358 in 2010. AB 2358 failed in the face of opposition from the NRA and CRPA based on the proposal’s many other nonsensical infringements on ammunition sales to law abiding citizens.

Constitutional vagueness challenges to state laws are extremely difficult to win, particularly in California firearms litigation so this success is particularly noteworthy. Even so, an appeal by the State is likely, but the Court’s Order enjoining enforcement of the law is effective – February 1, 2011 – immediately regardless.

Despite this win for common sense over ill-conceived and counter productive gun laws, additional legislation on this and related subjects will no doubt be proposed in Sacramento this legislative session. It is absolutely critical that those who believe in the right to keep and bear arms stay informed and make their voices heard in Sacramento. When AB 962 passed there was loud outcry from law abiding gun owners impacted by the new law. Those voices must be heard during the legislative session and before a proposed law passes, not after a law is signed. To help, sign up for legislative alerts at www.nraila.com and www.calnra.com and respond when called upon.

Seventeen years ago the NRA and CRPA joined forces to fight local gun bans being written and pushed in California by the gun ban lobby. Their coordinated efforts became the NRA/CRPA "Local Ordinance Project" (LOP) - a statewide campaign to fight ill conceived local efforts at gun control and educate politicians about available programs that are effective in reducing accidents and violence without infringing on the rights of law-abiding gun owners. The NRA/CRPA LOP has had tremendous success in beating back most of these anti-self-defense proposals.

In addition to fighting local gun bans, for decades the NRA has been litigating dozens of cases in California courts to promote the right to self-defense and the 2nd Amendment. In the post Heller and McDonaldlegal environment, NRA and CRPA Foundation have formed the NRA/CRPA Foundation Legal Action Project (LAP), a joint venture to pro-actively strike down ill-conceived gun control laws and ordinances and advance the rights of firearms owners, specifically in California. Sometimes, success is more likely when LAP's litigation efforts are kept low profile, so the details of every lawsuit are not always released. To see a partial list of the LAP’s recent accomplishments, or to contribute to the NRA or to the NRA / CRPAF LAP and support this and similar Second Amendment cases, visit www.nraila.com and www.crpafoundation.org.
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Last edited by Librarian; 01-18-2011 at 12:43 PM..
  #2  
Old 01-18-2011, 11:34 AM
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I freaking hope so!!!!!
  #3  
Old 01-18-2011, 11:34 AM
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Details?
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Old 01-18-2011, 11:35 AM
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I have a special cigar standing by to be torched if that's the case!!
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Old 01-18-2011, 11:35 AM
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That's great news if it's true!!
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Old 01-18-2011, 11:36 AM
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Wasn't Parker today?
  #7  
Old 01-18-2011, 11:37 AM
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Can't find any confirmation.....crossed fingers.
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Old 01-18-2011, 11:38 AM
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Can't find anything here either...

Edit: Looks like there was at least a hearing today: http://www.uspsa.us/showthread.php?t=15578

Edit #2: Just reposting this because my search led me back to CG: http://www.calguns.net/calgunforum/s....php?p=5599459
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Last edited by Deucer; 01-18-2011 at 11:47 AM..
  #9  
Old 01-18-2011, 11:38 AM
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OMG, if this is true I'm buying a new gun tonight, instead of stocking up on more ammo. Can you show us the email?
  #10  
Old 01-18-2011, 11:39 AM
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Did what I think just happened?!
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Old 01-18-2011, 11:39 AM
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Please please please!!!!
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Old 01-18-2011, 11:39 AM
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Quote:
Originally Posted by PolishMike View Post
Just got this email from a distributor -

Just in AB962 Is dead. Judge Hamilton over ruled it.
Finally someone in California with some common sense!!!!!!!!
Copy of the e-mail? Name of the distributor?
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Old 01-18-2011, 11:40 AM
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Quote:
Originally Posted by Robidouxs View Post
Did what I think just happened?!
I'm starting to wonder the same........
  #14  
Old 01-18-2011, 11:42 AM
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Please God, devil or sun let it be true!
  #15  
Old 01-18-2011, 11:43 AM
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Tagged... Oh please let this be true.
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Old 01-18-2011, 11:43 AM
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Old 01-18-2011, 11:43 AM
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Proof somewhere please!
  #18  
Old 01-18-2011, 11:43 AM
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Quote:
Originally Posted by Liberty1 View Post
Copy of the e-mail? Name of the distributor?
Acusport and thats all it said.
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  #19  
Old 01-18-2011, 11:45 AM
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Too early to celebrate. Am skeptical, but retaining some hope...
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Old 01-18-2011, 11:45 AM
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hoping this is right, waiting for official proof...
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Old 01-18-2011, 11:45 AM
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Quote:
Originally Posted by PolishMike View Post
Just got this email from a distributor -

Just in AB962 Is dead. Judge Hamilton over ruled it.
Finally someone in California with some common sense!!!!!!!!

Source?

The Parker hearing is definitely today, it was supposed to start at 8:30am.


Standing by for more info...
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Old 01-18-2011, 11:45 AM
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What is happening in my pants?
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Old 01-18-2011, 11:46 AM
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Let's not get ourselves wrapped around the axle just yet, I sincerely hope this is true but let's save the celebration or lamentation until something official comes out.

Damn I hope this is true....
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Old 01-18-2011, 11:47 AM
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Quote:
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What is happening in my pants?
Wrong forum...
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Old 01-18-2011, 11:50 AM
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Not up at http://www.calgunlaws.com/index.php/...op-ab-962.html yet. No post from C. Montfort yet. ....

Not at the court web site http://www.fresnosuperiorcourt.org/case_info/ ...
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Last edited by Librarian; 01-18-2011 at 11:54 AM..
  #26  
Old 01-18-2011, 11:50 AM
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Quote:
Originally Posted by Kestryll View Post
Let's not get ourselves wrapped around the axle just yet, I sincerely hope this is true but let's save the celebration or lamentation until something official comes out.

Damn I hope this is true....
yup
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Old 01-18-2011, 11:51 AM
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Oh please let it be true.
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Old 01-18-2011, 11:52 AM
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Fingers crossed
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Old 01-18-2011, 11:52 AM
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Sitting tight but really would like to be celebrating.
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Old 01-18-2011, 11:52 AM
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Nice!
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Old 01-18-2011, 11:52 AM
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Quote:
Originally Posted by Kestryll View Post
Let's not get ourselves wrapped around the axle just yet, I sincerely hope this is true but let's save the celebration or lamentation until something official comes out.

Damn I hope this is true....
Kes, if we win, you wanna throw a party?
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Old 01-18-2011, 11:53 AM
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I'm waiting but hopeful.

Where's that fingers crossed smiley?
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  #33  
Old 01-18-2011, 11:55 AM
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CRPA: There is good news, but they are waiting for the news from C. Michel. That information will come in sometime this afternoon.

Erik.
  #34  
Old 01-18-2011, 11:55 AM
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Quote:
Originally Posted by stphnman20 View Post
Kes, if we win, you wanna throw a party?
Hmm.. not a bad thought....
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Old 01-18-2011, 11:55 AM
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If this is true then I will throw a mini party at my apartment in San Diego. I'm being super serial.
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  #36  
Old 01-18-2011, 11:56 AM
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I sure hope this is true ............

Just like chess what is the next move if it is struck down.
Would the state appeal ??
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Old 01-18-2011, 11:58 AM
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My birthday is Thursday... this would make for a pretty nice present if it is true.

I got my fingers crossed. Metaphorically since it is REALLY hard to type with crossed fingers.
  #38  
Old 01-18-2011, 11:58 AM
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This is great, if true.

Tagged for updates.
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Old 01-18-2011, 11:58 AM
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If this is true I am buying a new gun to celebrate, and on Feb 1 a bunch of ammo online.
  #40  
Old 01-18-2011, 11:59 AM
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I hope this stands. Im glad if it's true but in a way I'm kinda mad cuz i just bought enough ammo to fill my one of my safes. The panic made hella money for online distributors.
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