May 1st, 2017

Lawsuit Challenges California Magazine Laws in Federal Court

California CA magazine ban law lawsuit Prop 63 Second Amendment Foundation

The Second Amendment Foundation, joined by several other groups and individuals, has filed a lawsuit in Federal District Court in California, challenging that state’s laws prohibiting the possession, use or acquisition of so-called “large capacity magazines,” calling the state’s bans on magazines “hopelessly vague and ambiguous.”

Joining SAF are the Calguns Foundation, Firearms Policy Coalition, Firearms Policy Foundation and six individuals including one retired California peace officer. The lawsuit was filed in U.S. District Court for the Eastern District of California.

The lawsuit raises a constitutional challenge to California Penal Code § 32310, as recently amended by Senate Bill 1446 and Proposition 63, and Penal Code § 32390 (the “Large-Capacity Magazine Ban”). Collectively those laws require Californians to relinquish, forfeit, or destroy lawfully-obtained full capacity magazines. The penalties for non-compliance are severe. The lawsuit alleges that if these measures are enforced as applied, they would “individually and collectively prohibit law-abiding citizens from continuing to possess, use, or acquire lawfully-owned firearms, in common use for lawful purposes such as self-defense (inside and outside the home), competition, sport, and hunting.”

“What we see in the enactment of such laws,” said SAF founder and Executive Vice President Alan M. Gottlieb, “is continued erosion by the state of its citizens’ Constitutional rights guaranteed under the Second Amendment. When the U.S. Supreme Court incorporated the Second Amendment to the states via the 14th Amendment under the 2010 McDonald ruling, it automatically should have stopped this kind of prohibition.

“As we state in our lawsuit,” he continued, “this magazine ban fails to provide fair or even adequate notice to law-abiding gun owners of what they may do with their personal property without being subject to criminal sanctions. In effect, this ban amounts to a backdoor form of confiscation, in part, of bearable arms that are protected by the Constitution.”

“Enforcement of this ban,” Gottlieb concluded, “would immediately place thousands of law-abiding California gun owners in jeopardy of criminal liability and subjects their personal property to forfeiture, seizure and permanent confiscation, which is government taking, without due process or compensation. We cannot allow that to go unchallenged.”

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 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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July 2nd, 2016

Sweeping Anti-Gun Legislation Enacted in California

California Gun Confiscation Magazine Ban Jerry Brown AR15 Ammunition Confiscation

California Governor Jerry Brown just departed for a luxurious European vacation. But before he left the state, he savaged the Second Amendment rights of millions of California gun owners. Less than 24 hours after they arrived on his desk, Brown signed six anti-gun bills railroaded through the Democratic-controlled California Legislature. Among the bills signed by Brown was SB 1446 which will require Californians to forfeit, destroy, or ship out of the state ALL firearms magazines that can hold more than ten rounds. Owners of legally-obtained magazines, previously “grandfathered”, will receive no compensation though they must give up their property. Those who fail to comply will be fined and charged with an infraction, a low-level crime. This magazine restriction goes into effect July 1, 2017.

Gov. Brown also signed SB 1235 which will require background checks for the purchase of any and all ammunition. Ammo buyers’ names and personal information will be logged and tracked in a database.

Notice from NSSF RE California Legislation

The NSSF issued this statement: “The National Shooting Sports Foundation is extremely disappointed that Gov. Brown today chose to sign into law these highly restrictive and unneeded gun control measures, all of which will affect law-abiding Californians while doing nothing to stop the criminal misuse of firearms. By acting within 24 hours after being sent these bills, and not allowing the public to voice their opinions in order to depart for his European vacation, the governor compounded the miscarriage of legislative process and procedure while demonstrating disdain for Californians who now face laws that clearly infringe on their Constitutional rights.”

Gov. Brown SIGNED the following bills into law:

AB 1135 (Levine) and SB 880 (Hall) Firearms: Assault Weapons – Expands the definition of assault weapons based on whether a semiautomatic firearm has a detachable magazine, banning thousands of popular firearms.

SB 1235 (de Leon) Ammunition – Requires authorization to purchase ammunition and track what and how much ammunition each person buys, creating a database of ammunition purchasers.

SB 1446 (Hancock) Firearms: Magazine Capacity – Makes it illegal to possess magazines capable of holding more than 10 rounds no matter how long a person has owned them.

AB 1511 (Santiago) Firearms: Lending – Makes it illegal to loan a firearm to a person who is personally known to you (except for family members with restrictions).

AB 1695 (Bonta) Firearms: False Reports – Creates a 10-year prohibition on owning firearms for someone convicted of falsely reporting a lost or stolen firearm.

Gov. Brown VETOED the following bills:

SB 894 (Jackson) Firearms: Lost or Stolen: reports – Would have made it a crime not to report lost and stolen firearms to law enforcement within the arbitrary time limit.

AB 1673 (Gipson) Firearms: Unfinished frame or receiver – Would have expanded the definition of a firearm to include partially finished frames and receivers (no definition of what this means) and require their registration.

AB 1674 (Santiago) Firearms: Transfers – Would have made it illegal to buy or receive more than one firearm in any 30-day period.

If you wish to Contact Gov. Brown’s office to voice your concern about his signing of six anti-gun measures, here is the contact information:

Governor Jerry Brown
c/o State Capitol, Suite 1173
Sacramento, CA 95814

Phone: (916) 445-2841
Fax: (916) 558-3160
E-mail: https://govnews.ca.gov/gov39mail/mail.php

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November 14th, 2015

Traveler’s Warning — Los Angeles Magazine Ban Starts Nov. 18th

Los Angeles magazine ban law ordinance California

Don’t drive through the City of Los Angeles (or fly into LAX) if you have a magazine that holds more than ten (10) rounds. The Los Angeles City Council enacted a new law that makes mere possession of a full-capacity magazine illegal EVEN if it was obtained legally. Possession of a magazine that holds more than 10 rounds will now be a misdemeanor throughout the City of Los Angeles. This applies to any person within city limits, including those traveling via Highways or Los Angeles International Airport (LAX). View this Map to see Los Angeles City boundaries, which encompass all major North/South freeways and train routes.

The CTD Shooter’s Log warns travelers: “The law doesn’t just apply to Los Angeles city residents. Non-resident gun owners must avoid traveling through any part of the City of Los Angeles while possessing any banned magazine. Notably, the City intersects every major Southern California freeway. In some cases, the City of Los Angeles completely surrounds other smaller cities, like Beverly Hills, and Santa Monica. So anyone traveling out of Santa Monica or Beverly Hills, and anyone traveling through the city of Los Angeles with a banned magazine can be prosecuted.”

Summary: Under the ordinance, possession of any “large-capacity” magazine within Los Angeles after November 19, 2015 will be a misdemeanor offense. Los Angeles residents must get rid of their banned magazines by November 18, 2015. You can surrender magazines to the LAPD, sell them to a licensed firearm dealer, transport them out of the City limits, or you can “permanently alter” the magazine so it no longer hold more than 10 rounds of ammunition.

Los Angeles magazine ban law ordinance California

Trap for Unsuspecting Travelers
We fear this new law will be a trap for the unsuspecting, including match competitors traveling through the L.A. metropolis on the way to other venues. We suggest that you do not even think about bring large-capacity magazines into the general Los Angeles area (even if you presume you can skirt the city limits). If you can’t avoid transiting Los Angeles, bring only magazines that hold no more than ten rounds — and test them to make sure you can’t shove in an 11th. You can be sure that the friendly LAPD will “assume the worst” when stopping citizens for violation of the magazine law.

SHOT Show Warning: If you are headed to SHOT Show in Las Vegas and have high-cap mags for display or for use on Media Day, it’s best to steer clear of Los Angeles. Be mindful of this when planning your Air Travel.

Elsewhere in California — Older High-Cap Magazines Are Grand-Fathered
Under current California state law it is illegal to buy, sell, manufacture, or import magazines that hold more than ten rounds. However, statewide (except in San Francisco, Sunnyvale ,and Los Angeles) it is still completely legal to possess such magazines if they were acquired legally BEFORE the high-cap magazine ban went into effect. In other words, possession of “pre-ban” high-cap magazines is “grandfathered” in California — you just can’t buy or sell them anymore within California.

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September 11th, 2013

California Legislators Approve Ban on All Self-Loading Centerfire Rifles with Detachable Magazines — Bill Goes to Governor

Yesterday (August 10th), the California Assembly, on a 44-31 vote, approved SB 374, which bans the sale (or transfer) of ALL semi-automatic centerfire rifles that can accept a detachable magazine of any kind (no matter what the capacity). Californians who possess such rifles would be required to register them with the State, for a fee, prior to January 1, 2015. Since SB 374 has already passed the California State Senate, this bill, after conforming amendments in the Senate, is expected to go to Governor Jerry Brown for signature within a few weeks.

Rem Remington 750 deer rifle SB 374 california assault weapon ban

The scope of SB 374 is sweeping. It bans all self-loading centerfire rifles capable of using a detachable magazine, regardless of magazine capacity (or placement). The operative language of SB 374 with respect to magazines is an awkward double-negative. But the intent is clear — if a semi-auto centerfire rifle can accept a detachable magazine AT ALL, it is banned:

SECTION 1. Section 30515 of the Penal Code is amended to read:
30515. (a) Notwithstanding Section 30510, “assault weapon” also means any of the following:
(1) A semiautomatic centerfire rifle that does not have a fixed magazine with the capacity to accept no more than 10 rounds.

The way we interpret this, a semi-automatic with ANY kind of detachable magazine (even a one-rounder) would be banned. This would outlaw a wide variety of commonly-used hunting rifles fitted with flush-mounted 3-, and 4-round ‘pop-out’ magazines. This would outlaw the classic Remington 750 deer rifle, for example. It would outlaw M1 Garands which have an 8-round en bloc clip. And if you already own an M1 Garand, you would have to register it with the state government. (Under other legislation in the works in Sacramento, all ‘bullet button’ ARs would also be banned.)

Other observers read SB 374 the way we do — that it bans any and all centerfire rifles that can take a detachable magazine (of any capacity). Ammoland states that SB 374 will “eliminate the future sale, purchase, manufacture, importation and possession of semi-automatic rifles that can accept detachable magazines. No more mini-14s, no more ARs, no more M1s, and say goodbye to your Remington 750 for deer hunting. [T]he goal is clear – if it is a rifle and has a detachable magazine, then forget about owning one.”

California Legislative Counsel’s Digest
SB 374, as amended, Steinberg. Firearms: assault weapons.

Existing law regulates the sale, carrying, and control of firearms, including assault weapons, and requires assault weapons to be registered with the Department of Justice. Violation of these provisions is a crime. Existing law defines a semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and other specified features and a semiautomatic weapon that has a fixed magazine with a capacity to accept 10 or more rounds as an assault weapon.

This bill would, instead, classify a semiautomatic centerfire rifle that does not have a fixed magazine with the capacity to accept no more than 10 rounds as an assault weapon. The bill would require a person who, between Jan. 1, 2001, and Dec. 31, 2013, inclusive, lawfully possessed an assault weapon that does not have a fixed magazine, including those weapons with an ammunition feeding device that can be removed readily from the firearm with the use of a tool, and who, on or after Januarry 1, 2014, possesses that firearm, to register the firearm by July 1, 2015. By expanding the definition of a crime, this bill would impose a state-mandated local program.

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June 28th, 2013

Magpul Gives Away 1500 Magazines in Colorado Protest

On Saturday, June 29, 2013, just two days before Colorado’s new anti-gun laws go into effect, Magpul Industries will give away 1,500 30-rd AR-platform magazines. Magnul is giving away the magazines as a protest against the new legislation. The give-away will take place at the “Farewell to Arms” event to be held Saturday in Glendale, Colorado. The event is being sponsored by Free Colorado, a non-profit organization advocating for the rights of gun owners. New Colorado laws take effect on July 1st limiting magazine capacity to 15 rounds. Magpul announced:

accurateshooter.com Magpul give-awayAttention Colorado
Come on out and join the festivities at Infinity Park in Glendale, CO, this Saturday, June 29, celebrating FREEDOM on the last weekend before the unconstitutional mag ban takes effect, and get your last shot at purchasing PMAGs. We’ll be there, and we’ve ponied up a LOT of PMAGs. The first 1500 attendees through the gate over the age of 18 will receive a free Magpul Gen M2 MOE 30rd magazine featuring either the Free Colorado or Boulder Airlift design, courtesy of Magpul Industries Corp. Proceeds from mag sales go towards the legislative and legal fight for Second Amendment rights in CO. There will be food, live music, and a helo-borne aerial delivery of PMAGs. Get tickets and pre-purchase PMAGs at: www.freecolorado.net.

accurateshooter.com Magpul give-away

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