Posts Tagged california

CA Registration Data Breach

From NRA-ILA:

Possibly even more concerning with DOJ’s online registration system were the reports of the system’s improper disclosure of personal information to other users. There have been confirmed reports of individuals attempting to register their firearms who were improperly given access to the account information associated with another individual, due to a complete breakdown of CA DOJ’s registration application system. In some cases, the system allowed users to see all the personal information (including home address, telephone number, email, and Driver’s License number) for another user and all the information that user had submitted for registering their firearms as “assault weapons”—including the firearms make/model/serial number and all of the photos and attachments to the user’s registration application.

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Court: Impossible Doesn’t Mean Unconstitutional

From NRA-ILA:

The majority of the court went further, though, and eliminated the possibility that its own rule could be applied to make the law inoperative in this or any other case: “Neither the text nor the purpose of the Act contemplates that a showing of impossibility can excuse compliance with the statutory requirement once the statute goes into effect,” adding that Section 3531 did “not authorize courts to independently carve out exceptions for impossibility” once the certification had been made.

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Micro Stamping Law Upheld In California

From Guns.com:

California’s high court on Thursday sided with the state in a long-running case brought by firearms industry groups who say the state’s microstamping requirement is unattainable.

“Impossibility can occasionally excuse noncompliance with a statute,” Justice Goodwin Liu said for the majority. “But impossibility does not authorize a court to go beyond interpreting a statute and simply invalidate it.”

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California Proposes Background Checks For Gun Parts

From Guns.com:

An Assembly bill now in the Senate would regulate “firearm precursor parts” sold in California through licensing, reporting and background checks.

The measure, AB 2383, passed the Democrat-controlled Assembly last month 45-29 and is currently working its way through the Senate. The proposal would mandate background checks on many of the components needed to build or repair firearms and regulate those who sell them through a licensing scheme. Supporters argue it will save lives.

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California Turns Man Into Criminal With Registration, Confiscates Guns

From NRA-ILA:

California residents attempting to comply with the Golden State’s ever-increasing swamp of firearms laws and regulations should take warning. According to a report out of Bakersfield, a good faith effort to obey the state’s labyrinthine firearm rules will not spare a gun owner in technical violation of the law from the wrath of the California Department of Justice.

The KGET report explained that during his attempt to comply with state law, Kirschenmann submitted photos of “an illegally modified” AR-15 to the California DOJ. This prompted an investigation by the DOJ that culminated in a raid of Kirschenmann’s home. Once inside the property, investigators allegedly discovered several unregistered “assault weapons,” a pair of suppressors, and what California terms a “multiburst trigger activator.”

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Supreme Court Denies Another Gun Case

From Townhall:

The Supreme Court declined to hear a civil rights lawsuit brought about by the Calguns Foundation and the Second Amendment Foundation, reason reported. The two pro-gun groups decided to challenge Alameda County, California’s zoning laws that effectively ban gun stores, saying it violates county residents’ Second Amendment rights.

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California Continues Assault on Second Amendment

From Reason.com:

Two new federal court decisions highlight a harsh new reality: California has effectively repealed the Second Amendment inside its borders.

In the first case, decided yesterday, a district judge ruled against the National Rifle Association’s state affiliate in a challenge to onerous new California rules targeting popular semi-automatic rifles. That 2016 law, signed by Gov. Jerry Brown (D), is called the Assault Weapons Control Act.

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Weatherby Moves From California To Wyoming

From San Louis Obispo:

Weatherby is the latest gun industry manufacturer to move its operations to Wyoming in the last five years from states that were not seen as friendly to the gun industry. Several companies, including Magpul Industries, moved their manufacturing operations to Wyoming from Colorado after Colorado lawmakers enacted stricter limits on the sale of firearms accessories.

More gun manufacturers need to do the same. Looking at you Springfield, Remington et al.

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No Right To Sell Guns?

From Guns.com:

The U.S. 9th Circuit on Tuesday upheld an Alameda County law barring gun stores within 500 feet of residential properties in a blow to gun rights advocates.

The court held that local governments could regulate the sale of firearms so long as would-be buyers were still able to purchase them somewhere in the area and that the Second Amendment does not protect the ability to engage in gun sales.

The obvious question now is: Do you have a constitutional right to sell books?

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L.A.’s Ban on Tiny Pistols To Be Repealed

From LA Times:

For more than a decade and a half, Los Angeles has banned the sale of “ultracompact” guns, which lawmakers feared could be more easily hidden by criminals.

Now the city is poised to eliminate that rule in the face of legal warnings from the National Rifle Assn. and the California Rifle & Pistol Assn., which say that the city restrictions have been preempted by state law.

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California Magazine Ban Blocked

From NRA-ILA:

The battle to secure Second Amendment rights is ever-evolving. On Monday, gun owners were dealt a disappointing blow with the Supreme Court’s refusal to review the legal scheme that empowers California counties to effectively ban the bearing of arms (see related article). Yet by Thursday, Second Amendment advocates were cheering a federal court’s opinion blocking enforcement of California’s draconian magazine ban. That opinion, in Duncan v. Becerra, shows what’s possible when a federal judge treats the right to keep and bear arms with the respect deserved by all provisions within the Bill of Rights. 

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California Bill To Standardize Gun Permits

From The Libertarian Republic:

Assemblywoman Melissa Melendez (R-Lake Elsinore) says “It is our Constitutional right to defend ourselves.” She, of course, is referring to the right to bear arms. California’s laws regarding firearms are some of the most confusing in the nation. By introducing Assembly Bill 757, Melendez is attempting to standardize the criteria used in California to issue concealed carry permits. Similarly to how states often issue driver’s licenses, Melendez says, “If a citizen passes the background check and completes the necessary safety training requirements, there should be no reason to deny them a concealed carry permit.’’

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Cop Killed By Released Gang Member

From WRAL:

A gang member who was recently freed from jail killed his cousin and stole his car Monday then shot and killed a California police officer and wounded his partner before being wounded himself, authorities said.

Whittier Officer Keith Lane Boyer died and Officer Patrick Hazell was wounded when they answered a report of a traffic accident in the eastern Los Angeles County suburb.

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California Cancels Gun Regulations

From NRA-ILA:

As previously reported, after the California Department of Justice submitted regulations regarding newly classified “assault weapons” to the Office of Administrative Law (“OAL”) for publication in the California Code of Regulations (CCR), NRA and California Rifle & Pistol Association submitted a joint-letter to the DOJ explaining the flaws in the regulations and demanding that the regulations be withdrawn or we would be forced to pursue legal action.

Late on Friday, February 10, the DOJ withdrew the problematic regulations from the OAL’s consideration. It is unclear exactly why the DOJ took this action, however it can be surmised that the NRA-CRPA legal letter likely prompted the move. NRA/CRPA’s letter explains the flaws in both the content and process in which DOJ sought to adopt the submitted regulations. While the regulations have been withdrawn, the underlying statutes remain in effect and new/revised regulations will likely be submitted to OAL in the near future.

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Dealers Challenging Ban On Handgun Advertising

From Gun Mart Blog:

Today, attorneys for 5 gun California dealers have filed a motion for summary judgment to strike down a state law that bans the on-site advertising of handguns outside of gun store in a federal First Amendment civil rights. California Penal Code section 26820, first enacted in 1923, bans gun stores from putting up signs advertising the sale of handguns — but not shotguns or rifles.

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