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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 05-23-2011, 11:01 AM
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Default SAF, CGF SUE OVER CALIFORNIA ‘ASSAULT WEAPONS’ LAW ARREST

SAF, CGF SUE OVER CALIFORNIA ‘ASSAULT WEAPONS’ LAW ARREST


San Carlos, CA – The Second Amendment Foundation and Calguns Foundation have filed a lawsuit in U.S. District Court in California, seeking to have the state’s definition of so-called “assault weapons” declared unconstitutionally vague.

Joining SAF and Calguns in the lawsuit is Brendan John Richards, an Iraq combat veteran who served as a U.S. Marine, and whose arrest and six-day incarceration in the Sonoma County jail – and subsequent dismissal of all charges – was the catalyst for this legal action. Named as defendants are California Attorney General Kamala Harris, the California Department of Justice, the City of Rohnert Park and police officer Dean Becker.

Richards was jailed in May 2010 after Officer Becker, investigating a disturbance at a motel where Richards was staying, learned that Richards had two pistols and a rifle, all unloaded, in the trunk of his car. Becker, arrested Richards for unlawful possession of an assault weapon. However, in September of last year, the charges were dismissed by the Sonoma County District Attorney’s office, based on a report from the state Department of Justice that showed none of the guns met the state’s definition of an assault weapon.

“California’s law allows possession of a variety of firearms that do not meet the state’s assault weapons definition, which we believe is unconstitutionally vague,” noted SAF Executive Vice President Alan Gottlieb. “Mr. Richards was jailed for almost a week, when he had broken no law because a police officer had a conflicting view and the District Attorney’s office believed him.”

“California attempts to make a distinction among firearms where no natural one exists,” noted Calguns Chairman Gene Hoffman. “The generic definition of so-called ‘assault weapons’ was simply an attempt to prohibit possession of guns that look scary.”

Plaintiffs are represented by attorneys Don Kilmer of San Jose and Jason A. Davis of Mission Viejo. Kilmer said the case is indicative of the way things have become in California.

“Now that the right to keep arms has correctly been recognized as fundamental and applicable to California,” Kilmer said, “gun owners can’t be faced with the practice of ‘arrest them first and let the courts sort it out’ for exercising constitutional rights. That is just not how things are done in our country.”

Update in Related Case - Haynie v. Harris

Concurrently, CGF and SAF filed a response to a motion to dismiss in their related case, Haynie et. al. v. Harris. The California Department of Justice claims in that case that there is no confusion about generically defined Assault Weapons or the bullet button, and that Mr. Haynie’s arrest by the Pleasanton Police Department was an isolated error. In that case, Mr. Hoffman submitted a declaration showing that the California Department of Justice had actually lead a disinformation campaign from 2006 to 2009 that was designed to confuse gun owners and law enforcement and actively attempted to create criminal test cases against innocent gun owners. Mr. Hoffman outlined half a dozen additional cases of law-abiding gun owners being subjected to prosecution for legal guns, including an incident as recently as March of this year. The docket for this case is available online at http://bit.ly/Haynie-v-Harris

---

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization which serves its members by providing Second Amendment-related education, strategic litigation and the defense of innocent California gun owners from improper or malicious prosecution. The Calguns Foundation works to educate government and protect the rights of individuals to acquire, own and lawfully use firearms in California.


Contact:
Gene Hoffman
650-275-1015
hoffmang@calgunsfoundation.org


A copy of the complaint in Richards v. Harris is available here. RECAP should be available shortly. ETA: Docket is here but the complaint has not been scanned in by the clerk yet.
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Last edited by hoffmang; 05-23-2011 at 4:25 PM.. Reason: Docket added.
  #2  
Old 05-23-2011, 11:03 AM
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This is awesome.
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Old 05-23-2011, 11:05 AM
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We told you
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Old 05-23-2011, 11:06 AM
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awesome...can't wait...i'm giddy with excitement...
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Old 05-23-2011, 11:06 AM
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That is a thing of beauty. The DOJ lead a disinformation campaign that worked so well they entire law is now impossible for anyone to follow or understand, gun owners, police, and prosecutors included.
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Old 05-23-2011, 11:06 AM
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This is awesome.
+1 On that
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Old 05-23-2011, 11:07 AM
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get ready for your beat down Kamala!!!!
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Old 05-23-2011, 11:07 AM
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Please, please, make them pay
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Old 05-23-2011, 11:08 AM
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I really hope this goes up the chain far and fast enough to impact NY, MA, and NJ in a big and meaningful way.
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Old 05-23-2011, 11:09 AM
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awesome!
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Old 05-23-2011, 11:09 AM
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At least they can't argue there are no damages. This guy was arrested and spent time in jail.
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Old 05-23-2011, 11:09 AM
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Nail 'em!
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Old 05-23-2011, 11:10 AM
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Kicking *** and taking names!
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Old 05-23-2011, 11:11 AM
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Way to go!
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Old 05-23-2011, 11:12 AM
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A ray of light shines through the dark; Its a SAF and CGF Lawsuit against Commiefornia..
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Old 05-23-2011, 11:13 AM
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Get 'em.
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Old 05-23-2011, 11:13 AM
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Somebody pinch me. Two weeks is up?
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Old 05-23-2011, 11:13 AM
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Old 05-23-2011, 11:15 AM
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Just out of curiosity, say everything goes 100% our way. I assume this would strike the AW "features" definitions and all OLL's with bullet buttons can have their bullet buttons removed as well as featureless rifles can again have pistol grips and such.

But would this affect the specifically listed firearms?

Would we be allowed to have a fully-functional Spikes ST-15 but not a Colt AR-15?
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Old 05-23-2011, 11:16 AM
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Well played!
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Old 05-23-2011, 11:16 AM
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This is great!!!!!!!!!!!
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Old 05-23-2011, 11:16 AM
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Dear California,
I love you. I was born and raised in you. You have given me some of the best times of my life. Now with that said, I can not wait to move!
Your prisoner,
Andrew J.
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Old 05-23-2011, 11:16 AM
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.
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Old 05-23-2011, 11:17 AM
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Deer Hunting Rifles? "Let's get rid of those too" - Adam Keigwin, Chief of Staff for Senator Leland Yee
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Old 05-23-2011, 11:17 AM
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"Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning." Winston Churchill, November 1942
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Old 05-23-2011, 11:19 AM
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What has CGF done for me lately?


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Old 05-23-2011, 11:19 AM
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Quote:
Originally Posted by hoffmang View Post

“The generic definition of so-called ‘assault weapons’ was simply an attempt to prohibit possession of guns that look scary.”

Quote:
Originally Posted by hoffmang View Post
In that case, Mr. Hoffman submitted a declaration showing that the California Department of Justice had actually lead a disinformation campaign from 2006 to 2009 that was designed to confuse gun owners and law enforcement and actively attempted to create criminal test cases against innocent gun owners.
Ha ha ha ha.
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Old 05-23-2011, 11:20 AM
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No words can express my excitement! I'll be able to say "I remember when CGF filed the lawsuit that ended CA's abysmal AW laws!"
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Old 05-23-2011, 11:20 AM
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Quote:
Originally Posted by CHS View Post
Just out of curiosity, say everything goes 100% our way. I assume this would strike the AW "features" definitions and all OLL's with bullet buttons can have their bullet buttons removed as well as featureless rifles can again have pistol grips and such.

But would this affect the specifically listed firearms?

Would we be allowed to have a fully-functional Spikes ST-15 but not a Colt AR-15?
This would appear to only kill the "by feature" AWs. But then a follow on lawsuit would force the state to prove why literally identical weapons could be specifically banned.
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Old 05-23-2011, 11:20 AM
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TAKE THAT victim-disarming mass-murder generators!!!!!
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01001100 01100101 01100001 01110010 01101110 00100000 01110100 01101111 00100000 01110011 01110111 01101001 01101101 00100000 01001001 00100111 01101100 01101100 00100000 01110011 01100101 01100101 00100000 01111001 01101111 01110101 00100000 01100100 01101111 01110111 01101110 00100000 01101001 01101110 00100000 01100001 01110010 01101001 01111010 01101111 01101110 01100001 00100000 01100010 01100001 01111001 00101110

  #31  
Old 05-23-2011, 11:23 AM
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this pic needs to be updated!!!
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  #32  
Old 05-23-2011, 11:23 AM
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Lovely.

BTW, is 'memorandums' current legal usage? Seems to me should be 'memoranda'.

In either case, someone soon will get the memo.
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Old 05-23-2011, 11:24 AM
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Awesome sauce.
  #34  
Old 05-23-2011, 11:25 AM
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Oh hell yeah!

I rewrote Psalm 7 according to Gene...

The DOJ has dug a pit and hollowed it out,
And have fallen into the hole which they made for another
Their mischief will return upon their own heads,
And justice will descend upon their own pate.

Calgunners will give thanks to the CGF according to their righteousness
And will sing praise to the name of the CalGuns Foundation.


I smell vengeance...
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Old 05-23-2011, 11:26 AM
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And I heard CGF doesn't do anything for gun owners
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Old 05-23-2011, 11:27 AM
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1st reaction:


2nd reaction:
I am guessing this is one of those "designed for a higher court" cases...
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Old 05-23-2011, 11:28 AM
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Quote:
Originally Posted by stix213 View Post
And I heard CGF doesn't do anything for gun owners
Yes, they are just in it to take money from gun owners who aren't smart enough to see through the smoke and mirrors.... LOL....
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Old 05-23-2011, 11:29 AM
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thanks, guys! honoured to be witness to more history.

now where's bill's steamroller?
  #39  
Old 05-23-2011, 11:30 AM
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wow I hope this goes in our favor!

I will have to donate when I get paid to help out!
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Old 05-23-2011, 11:30 AM
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Quote:
Originally Posted by J.D.Allen View Post
1st reaction:


2nd reaction:
I am guessing this is one of those "designed for a higher court" cases...
And should it win in a higher court...all the better
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