Truckers Side with Gun Owners in Opposing California Law
The Owner-Operator Independent Drivers Association (OOIDA) has joined the Calguns Foundation, the NRA, the Folsom Shooting Club and two individual truckers to challenge AB 962, California’s soon-to-be-implemented ban on the interstate shipment of handgun ammunition to California.
The law will criminalize the delivery and transfer of handgun ammunition not done in face-to-face transactions. OOIDA’s attorneys have filed a new lawsuit, OOIDA et al v. Lindley, U.S. District Court (E.D. Calif.), alleging that the provisions of AB 962 violate the Federal Aviation Admin. Authorization Act, which prohibits states and local municipalities from interfering with carriers’ rates, routes or services. Previously, two ammo-makers and the Shooting Sports Director for the Paralyzed Veterans Assn. of America filed another lawsuit challenging AB 962 on the grounds that it violates the Commerce Clause of the U.S. Constitution.
Last year, Governor Schwarzenegger signed Assembly Bill 962 into law, which goes into effect February, 2011. The law will criminalize the delivery and transfer of handgun ammunition not done in face-to-face transactions. It also requires shipping companies to implement procedures to determine whether the recipient of a package containing handgun ammunition is covered by one of the exceptions in the law before delivering handgun ammunition in California. According to the OOIDA, this places a big burden on the shippers, and will make shipping ammunition to California much more difficult and likely more expensive.
Jim Johnston, OOIDA President, explained why his organization filed its lawsuit: “This isn’t about firearms or ammunition. Congress made an important decision to keep motor carriers free from a patchwork of burdensome regulation as we move America’s goods to market. We cannot allow California to subject our members to criminal liability where the state has no right to meddle.”
CLICK HERE for Complaint in OOIDA lawsuit, OOIDA et al v. Lindley.
CLICK HERE for Complaint in ammo-makers’ lawsuit, State Ammunition et al v. Lindley.
