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CGF letter of opposition to City of LA Magazine Ban... (Carmen Trutanich legal FAIL)

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  • bwiese
    I need a LIFE!!
    • Oct 2005
    • 27621

    CGF letter of opposition to City of LA Magazine Ban... (Carmen Trutanich legal FAIL)

    CGF's response to City of LA passage of "large capacity" magazine ban.

    (Ban not active til July 2014, fortunately.)

    Letter from attorney Jason Davis to the Los Angeles City Council on behalf of The Calguns Foundation and California Association of Federal Firearms Licensees regarding the proposed ban on firearm magazines


    ----------------------------------------------------------------------
    (apologies for formatting losses)


    The Law Offices of DAVIS & ASSOCIATES
    27201 Puerta Real, Ste 300,
    Mission Viejo, California 92691
    Direct (949) 310-0817
    Fax (949) 288-6894
    Jason@CalGunLawyers.com
    www.CalGunLawyers.com
    Laurel Heights improvement Assn. v. Regents of U.C ., 6 Cal. 4th 1112, 1127 (1993). In re Rudy L., 29 Cal. App. 4th 1007, 1011(1994). "[I]Burnsed v. State
    Bd. Of Control,
    Bowland v. Municipal Court , 18 Cal. 3d 479, 489 (1976).except possess and personally use them.
    "Nothing in the Deadly Weapons Recodification Act of 2010 is intended to substantively change
    the law relating to deadly weapons. The act is intended to be entirely nonsubstantive in effect.
    Every provision of this part, of Title 2 (commencing withSection 12001) of Part 4, and every
    other provision of this act, including, without limitation, every cross-reference in every provision
    of the act, shall be consistent with the nonsubstantive intent of the Act."

    Thus, all changes made to the Penal Code as a part of the Deadly Weapons Recodification Act of 2010 were entirely nonsubstantive and their previous interpretations and intents remain intact. Fiscal v. City and County of San Francisco,
    (1) [T]he subject matter has been so fully and completely covered by general law as to clearly
    indicate that it has become exclusively a matter of state concern;

    (2) the subject matter has been partially covered by general law couched in such terms as to
    indicate clearly that a paramount state concern will not tolerate further or additional local action;
    or

    (3) the subject matter has been partially covered by general law, and the subject is of such a nature
    that the adverse effect of a local ordinance on the transient citizens of the state outweigh the possible
    benefit to the locality.
    District of Columbia v. Heller, McDonald v. Chicago, (2010) 130 S. Ct. 3020. The City's attempt to ban, outright, firearms in common use by regulating away their essential and necessary firearm components on a piecemeal basis violates the Second Amendment and infringes on fundamental individual liberties. If the City's ordinance is passed, the City should expect a civil rights lawsuit to be filed in Federal court.

    Sincerely,
    DAVIS & ASSOCIATES
    (signed) Jason Davis

    Last edited by bwiese; 05-03-2013, 4:15 PM.

    Bill Wiese
    San Jose, CA

    CGF Board Member / NRA Benefactor Life Member / CRPA life member
    sigpic
    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.
  • #2
    radioburning
    Veteran Member
    • Mar 2008
    • 4811

    What's the saying? "In one ear, out the other". They won't let something insignificant, like legal precedent, or laws, stop them from saving the world!
    sigpic
    Vote for pro-gun candidates, or lose your rights, and the rights of future generations. That's it. The end.

    "No one said life would be easy".

    Comment

    • #3
      stag1500
      Senior Member
      • Apr 2006
      • 669

      A very well written letter indeed. I would love to see such a lawsuit be filed against L.A. so this nonsense can stop once and for all.
      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

      Comment

      • #4
        bwiese
        I need a LIFE!!
        • Oct 2005
        • 27621

        I would expect/welcome attacks from other brethren gun groups (NRA/CRPA) on this too.

        Bill Wiese
        San Jose, CA

        CGF Board Member / NRA Benefactor Life Member / CRPA life member
        sigpic
        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.

        Comment

        • #5
          stix213
          AKA: Joe Censored
          CGN Contributor - Lifetime
          • Apr 2009
          • 18998

          Excellent. Part of me wants to see this get to litigation so this stupid "nuisance" high cap issue as part of the renumbering can be settled in court.

          Comment

          • #6
            whlgun
            Veteran Member
            • May 2006
            • 3057

            Great work!
            Rights modified on a "need" basis, IS the root of tyranny
            Its not the Bill of Needs. Its the Bill of RIGHTS

            Comment

            • #7
              five.five-six
              CGN Contributor
              • May 2006
              • 34714

              I just heard Brandon Combs quoted on KFI news.

              Comment

              • #8
                cdtx2001
                CGN Contributor
                • Apr 2009
                • 6630

                Go get em!!!!

                This is why I continue to donate to CGN.
                Custom made Tail Gunner Trailer Hitch for sale.
                http://www.calguns.net/calgunforum/s...php?p=17820185

                "Hokey religions and ancient weapons are no match for a good blaster at your side kid" -Han Solo

                "A dull knife is as useless as the man who would dare carry it"

                Comment

                • #9
                  wildhawker
                  I need a LIFE!!
                  • Nov 2008
                  • 14150

                  Originally posted by cdtx2001
                  Go get em!!!!

                  This is why I continue to donate to CGN.
                  CGN is not CGF or CAL-FFL.
                  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.

                  Comment

                  • #10
                    wildhawker
                    I need a LIFE!!
                    • Nov 2008
                    • 14150

                    Originally posted by five.five-six
                    I just heard Brandon Combs quoted on KFI news.
                    Which part did they use?
                    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.

                    Comment

                    • #11
                      five.five-six
                      CGN Contributor
                      • May 2006
                      • 34714

                      Originally posted by wildhawker
                      Which part did they use?
                      :05 of him saying it was unconstitutional

                      Comment

                      • #12
                        cdtx2001
                        CGN Contributor
                        • Apr 2009
                        • 6630

                        Originally posted by wildhawker
                        CGN is not CGF or CAL-FFL.
                        Well, it is people like you as well as the ones above who fight the good fight regularly.
                        Custom made Tail Gunner Trailer Hitch for sale.
                        http://www.calguns.net/calgunforum/s...php?p=17820185

                        "Hokey religions and ancient weapons are no match for a good blaster at your side kid" -Han Solo

                        "A dull knife is as useless as the man who would dare carry it"

                        Comment

                        • #13
                          SuperSet
                          Calguns Addict
                          • Feb 2007
                          • 9048

                          That's what I'm talking about! Sue every MFer in the room. To the ramparts!

                          Comment

                          • #14
                            wildhawker
                            I need a LIFE!!
                            • Nov 2008
                            • 14150

                            Originally posted by five.five-six
                            :05 of him saying it was unconstitutional
                            I gave them a few zingers. Pity they didn't use them.
                            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.

                            Comment

                            • #15
                              Maltese Falcon
                              Ordo Militaris Templi
                              CGN Contributor
                              • Feb 2009
                              • 6619

                              Trutanich will probably lose to Feuer (who is a bigger anti) in the elections anyway.

                              Idiots.

                              .

                              Comment

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