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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March 15th, 2017

Oppressive California Gun Laws Spur Ammo Buying Sprees

California gun laws ammo ban online ammo sales purchase mail-order Wideners
Photo from Ault Ammo Depot.

Californians Buy Bulk Ammo Online While They Still Can

Californians are buying more ammunition, and in bigger, bulk quantities, according to data from online ammo retailer Wideners.com. In the two months since 2016’s General Election, Wideners.com’s online traffic from California is up a full fifty percent (50%). Nationwide traffic to the site has remained relatively static for the same period. And Widener’s sales are up dramatically for the most popular ammo types: 9mm Luger, .223 Rem (5.56×45), and .308 Win (7.62×51).

IMPENDING BAN on Mail-Order Ammo — Starting January 1, 2018, California gun owners will no longer be able to buy ammunition online. Only face-to-face ammo purchases will be allowed inside the state. Per Proposition 63, California will also require a background check for ammunition purchases, and ammo buyers must obtain a four-year purchaser’s license from the CA Department of Justice.

Online Ammunition ammo ban california ammo sales

“There’s been a massive influx of California hunters and sport shooters who are stocking up in the wake of California’s new laws”, reports Anne Taylor of Widener’s. “There’s not just increased interest, it’s clear the gun owners who are buying are buying in bulk. We’ve seen our average order weight go up in the past couple months. We expect this sort of rush will continue through the rest of the year.”

“We heard from a lot of customers in late December and early January who were confused about Prop 63,” Taylor said. “Many people seemed to think the background checks would start immediately.”

Percent Increase in Sales by Municipality:

Los Angeles Metro Area – 395%
San Francisco Metro Area – 417%
San Diego Metro Area – 161%
Sacramento Metro Area – 449%
Anaheim Metro Area – 264%
San Jose Metro Area – 233%

Note: Data based on IP Address of computer used to make purchase comparing the two-month period before and after 2016’s General Election. Municipalities such as San Francisco and Los Angeles already restrict online ammo purchases.

The biggest sales increase has been observed with .223 Rem/5.56×45 rifle ammunition, the most common cartridge type used in AR-platform rifles. In fact, .223/5.56 ammo sales in the eight weeks following the 2016 election were TWICE as great as in the preceding eight weeks.

Biggest jump in ammo sales has been for .223/5.56 ammo suitable for ARs.
AR-15 AR16 5.56 .223 Rem ammo ammunition Wideners

9mm ammo and .308 rifle ammo are also experiencing large gains from California buyers with increases of 60-80%. That’s notable becauses sales remain static in those calibers in the rest of the country. Overall, Widener’s sales data shows the average quantity purchased by Californians is up 20% in the two months following the 2016 election compared to the same time period before.

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