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Handgun roster declared Unconstitutional

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  • isntzen
    Senior Member
    • Jan 2018
    • 605

    Handgun roster declared Unconstitutional

    A federal judge just declared the roster unconstitutional and issued an injunction preventing enforcement. Injunction is scheduled to go into effect in 2 weeks. I'm sure the state will appeal, but this is clearly the beginning of the end.

    For all of you profiteers and price gougers taking advantage of the roster - the clock is ticking.

  • #2
    Barang
    CGN Contributor
    • Aug 2013
    • 13294

    quick! group buy for the off roster guns before they appeal!

    Comment

    • #3
      anonymous308
      • Feb 2015
      • 572

      Nice work CRPA!

      Here is your sign to donate to CRPA if you’re able and do not already do so.

      Comment

      • #4
        9Cal_OC
        Calguns Addict
        • Apr 2019
        • 6700

        Wrong forum

        You should put this in the FS Handgun section

        Jk
        Freedom isn't free...

        sigpic

        iTrader

        Comment

        • #5
          walmart_ar15
          Senior Member
          • Oct 2006
          • 2335

          From what I read, the roster will not go away. It is just the criteria to meet the Safe Handgun Act just got relaxed and impossible criteria removed.

          So new handguns can be added to the roster but they still have to go through the CA Handgun safety test.

          Comment

          • #6
            Dirtlaw
            CGN/CGSSA Contributor - Lifetime
            CGN Contributor - Lifetime
            • Apr 2018
            • 3480

            Originally posted by kingransom
            So could somebody please clarify does this mean as of right now we could order a firearm online and have it sent to an FFL and do the paperwork legally? Is this essentially freedom week until an appeal is filed?

            Agree. We need a weapons law specialist to give us a plain English analysis ASAP. I think we all have a couple of wants we would like to satisfy. That raises two questions. Can we be sure that what we want is now lawful? And, secondly, who out there is going to sell us the item?

            Comment

            • #7
              mr goodguy
              Senior Member
              • Oct 2014
              • 747

              I’m ready…. Lol what’s the deal. No deal! Now I’m excited…. Wow it looks like it’s legit! Boooooom!

              Comment

              • #8
                saudadeii
                CGN/CGSSA Contributor
                CGN Contributor
                • Dec 2012
                • 3463

                Read the decision:



                The decision affect the chamber load indicator, magazine disconnect and microstamping elements of the "safety" testing of semi-auto handguns.

                "Californians have the constitutional right to acquire and use state-of-the-art handguns to protect themselves. They should not be forced to settle for decade-old models of handguns to ensure that they remain safe inside or outside the home. But unfortunately, the UHA’s CLI, MDM, and microstamping requirements do exactly that. Because enforcing those requirements implicates the plain text of the Second Amendment, and the government fails to point to any well-established historical analogues that are consistent with them, those requirements are unconstitutional and their enforcement must be preliminarily enjoined. Accordingly, Plaintiffs’ motion for a preliminary injunction is GRANTED."
                My Marketplace Feedback: https://www.calguns.net/forum/market...k#post54003245

                Comment

                • #9
                  Carcassonne
                  Veteran Member
                  • Jul 2012
                  • 4897

                  Originally posted by kingransom
                  So could somebody please clarify does this mean as of right now we could order a firearm online and have it sent to an FFL and do the paperwork legally? Is this essentially freedom week until an appeal is filed?
                  Not according to Walmart AR15 above. The gun you want will still have to be tested which will take time. It appears that the microstamping BS is being removed from the roster requirement. The manufacturer still has to submit the gun for testing and pay the fee, and the gun has to pass. That means no POS SIG pistols will be on the roster because they will fire if someone looks at them sideways or beats the back of the slide with a hammer.

                  .
                  Be sure to ask your doctor if depression, rectal bleeding, and suicide are right for you.

                  In the United States a person's expertise on a subject is inversely proportional to their knowledge of the subject: The less they know about something, the more they become an expert on it.

                  I am being held hostage in a giant insane asylum called Earth.

                  Comment

                  • #10
                    Dirtlaw
                    CGN/CGSSA Contributor - Lifetime
                    CGN Contributor - Lifetime
                    • Apr 2018
                    • 3480

                    Consolidation of posts?

                    Is this the lead post? It would be helpful if someone consolidated the posts on this important decision.

                    Comment

                    • #11
                      isntzen
                      Senior Member
                      • Jan 2018
                      • 605

                      Originally posted by Dirtlaw
                      Is this the lead post? It would be helpful if someone consolidated the posts on this important decision.
                      I looked for existing posts and did not find any prior to starting this thread.

                      Comment

                      • #12
                        rsrocket1
                        Veteran Member
                        • Feb 2010
                        • 2769

                        Oh man, I?m flying out to CA next Monday. If it were up to me, I?d bring all the guns I?ve purchased in the last 2 years and sell them at cost just as a ?public service?, then turn around and buy them again when I get back out here.

                        Anyone want one of these:
                        PDP Compact 4?
                        P320 9 in FDE
                        P320 40 all black with HS red dot
                        VP9 all black
                        VP40 FDE frame, black slide with adjustable HK fiber optic sights
                        Mk IV 22/45
                        M&P 2.0 in 10mm

                        Comment

                        • #13
                          saudadeii
                          CGN/CGSSA Contributor
                          CGN Contributor
                          • Dec 2012
                          • 3463

                          Here's the injunction:



                          "NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant Attorney General Robert Bonta, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order or know the existence of this injunction order, ARE HEREBY PRELIMINARILY RESTRAINED AND ENJOINED from implementing or enforcing California Penal Code sections 31910(b)(4)?(6), or from otherwise preventing the retail sale of handguns that do not have a chamber load indicator, a magazine disconnect mechanism, or microstamping capability but that meet the other requirements of the Unsafe Handgun Act.

                          This preliminary injunction shall not take effect until fourteen days from the date hereof to allow the government to file an appeal and seek a further stay of this preliminary injunction."
                          My Marketplace Feedback: https://www.calguns.net/forum/market...k#post54003245

                          Comment

                          • #14
                            saudadeii
                            CGN/CGSSA Contributor
                            CGN Contributor
                            • Dec 2012
                            • 3463

                            Originally posted by isntzen
                            I looked for existing posts and did not find any prior to starting this thread.
                            The big thread is in the 2A forum. I expect this will get merged or locked (or both)

                            My Marketplace Feedback: https://www.calguns.net/forum/market...k#post54003245

                            Comment

                            • #15
                              FNGGlock
                              Senior Member
                              • Jul 2020
                              • 1289

                              Good to see, I have been making consistent donations to the CRPA and glad to see it being put to good use.

                              The great part is that all these cases are setting a precedent nationwide, though it is going to take a while to go through the system.

                              Comment

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