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Update - Ammo ban "too vague" under the 2nd amendment

Started by Patent guy, January 24, 2011, 01:40:10 PM

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Patent guy

It appears that California's recent ammo ban (AB962) has been stricken down.  The NRA/ILA website has something on this (of course).

Here is the local (Fresno-AP) news take on the story:

http://www.fresnobee.com/2011/01/19/2238604/calif-judge-handgun-ammo-laws.html

Maybe we are making some progress? ^:)^
District of Columbia v. Heller (US 07-290, 2008)  "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia."  McDonald v. Chicago (US 08-1521, 2010) "[T]he Second Amendment right to keep and bear arms [is] fully applicable to the states"

Pvt.Joker

this was a great victory, brought to us by NRA/CRPA.
However, it had nothing to do with 2A. It was found to be "unconstitutionally vague".

See this from one of the fine lawyers who did the deed!


http://www.calguns.net/calgunforum/showthread.php?t=388417
"The battlefields of history are littered with the bones of those, who, at the dawn of victory, sat down to rest; and, resting, died."   
"We can't guarantee success in this war, but we can do something better. We can deserve it."
-John Adams, in a letter to his wife, Abigail.

Patent guy

Quoting Mr. Monfort (the attorney):

"Despite this win for common sense over  ill-conceived and counter productive gun laws, additional legislation on this and related subjects will no doubt be proposed in Sacramento this legislative session. It is absolutely critical that those who believe in the right to keep and bear arms stay informed and make their voices heard in Sacramento. When AB 962 passed there was loud outcry from law abiding gun owners impacted by the new law. Those voices must be heard during the legislative session and before a proposed law passes, not after a law is signed. To help, sign up for legislative alerts at www.Neala.com and www.calnra.com and respond when called upon."

Hear hear!  I think this call to action applies to the other 49 states as well.
District of Columbia v. Heller (US 07-290, 2008)  "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia."  McDonald v. Chicago (US 08-1521, 2010) "[T]he Second Amendment right to keep and bear arms [is] fully applicable to the states"

henschman

Yep, you Californians just got lucky this time... that was a pretty poorly-drafted law.  It will be an easy fix if the grabbers really want to bring it back.  This is some good news, but stay vigilant. 
"Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law,' because law is often but the tyrant's will, and always so when it violates the right of an individual."
-- Thomas Jefferson to Isaac H. Tiffany, 1819

Pvt.Joker

Quote from: henschman on January 27, 2011, 05:28:15 PM
Yep, you Californians just got lucky this time... that was a pretty poorly-drafted law.  It will be an easy fix if the grabbers really want to bring it back.  This is some good news, but stay vigilant. 

Luck, it would seem, favors the prepared. This one was taken on by the CRPA, but CGF is waiting in the wings with an entirely suit on an entirely different theory. There are so many ways of shooting this down, it should have been called the Hindenburg bill.

>:D
"The battlefields of history are littered with the bones of those, who, at the dawn of victory, sat down to rest; and, resting, died."   
"We can't guarantee success in this war, but we can do something better. We can deserve it."
-John Adams, in a letter to his wife, Abigail.

PHenry

When will the people embrace the simple truth - that words on paper will never stop a bad person from committing a crime?

Answer: When we get 10% of them to attend an event, learn the traditions of the Founders, and explain same to all of their friends, neighbors, co-workers and loved ones.

Shoulders to the cart! Push hard! Venues, events, and staffing!  ..:.. ..:.. ..:..
We are what we repeatedly do. Excellence then, is not an act, but a habit. Aristotle

Para ser Libre, un Hombre debe tener tres cosas. La Tierra, una Educacion, y un Fusil. Siempre, un Fusil!  Emiliano Zapata

DesertDog

Quote from: henschman on January 27, 2011, 05:28:15 PM
Yep, you Californians just got lucky this time... that was a pretty poorly-drafted law.  It will be an easy fix if the grabbers really want to bring it back.  This is some good news, but stay vigilant. 

Luck happens when opportunity and prepardness meet.  This was defeated due to the tireless efforts of the citizens of CA.  

This bill was changed many times due to the politicians being scared by the number of complaints they received.  Our constant letter writings and phone calls are what got the bill so convuluted.
Democracy is two wolves and a lamb voting on what's for lunch.....Liberty is a well armed lamb contesting the vote.

PHenry

As I say at every event - a single voice is but a whisper, easily ignored, but a million voices creates a thunder that shakes the ground! Multiply yourself through the power of one, by speaking to others and convincing them to contact their elected employees to let them know how they feel and what they expect to see.

The trouble is getting people to do more than grouse - that's where we come in.  O0
We are what we repeatedly do. Excellence then, is not an act, but a habit. Aristotle

Para ser Libre, un Hombre debe tener tres cosas. La Tierra, una Educacion, y un Fusil. Siempre, un Fusil!  Emiliano Zapata

Johnnyappleseed

Quote from: Patent guy on January 26, 2011, 07:42:54 PM
Quoting Mr. Monfort (the attorney):

"Despite this win for common sense over  ill-conceived and counter productive gun laws, additional legislation on this and related subjects will no doubt be proposed in Sacramento this legislative session. It is absolutely critical that those who believe in the right to keep and bear arms stay informed and make their voices heard in Sacramento. When AB 962 passed there was loud outcry from law abiding gun owners impacted by the new law. Those voices must be heard during the legislative session and before a proposed law passes, not after a law is signed. To help, sign up for legislative alerts at www.Neala.com and www.calnra.com and respond when called upon."

Hear hear!  I think this call to action applies to the other 49 states as well.

^5 good advice and well said ---
Nothing in the world can take the place of Persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. The slogan 'Press On' has solved and always will solve the problems of the human race.
Calvin Coolidge

Pvt.Joker

Quote from: Johnnyappleseed on January 29, 2011, 03:48:16 PM
Quote from: Patent guy on January 26, 2011, 07:42:54 PM
Quoting Mr. Monfort (the attorney):

"Despite this win for common sense over  ill-conceived and counter productive gun laws, additional legislation on this and related subjects will no doubt be proposed in Sacramento this legislative session. It is absolutely critical that those who believe in the right to keep and bear arms stay informed and make their voices heard in Sacramento. When AB 962 passed there was loud outcry from law abiding gun owners impacted by the new law. Those voices must be heard during the legislative session and before a proposed law passes, not after a law is signed. To help, sign up for legislative alerts at www.Neala.com and www.calnra.com and respond when called upon."

Hear hear!  I think this call to action applies to the other 49 states as well.

^5 good advice and well said ---

Just as a counterpoint, the impact that can be had on legislators is certainly valuable.
BUT.
In CA, These people are elected by other people who are definitely pursuing an agenda. And it ain't good. Elected officials who have forged their entire political career on the anvil of gun-rights restriction will not listen to us. That is why part of "bailing" has to be supporting groups that DO  make a difference, like CalGuns, and CRPA here in CA. Many states have similar pro-2A groups. The NRA is, of course, well known, and lesser known groups are worthy, as well, like SAF.
Investigate the action groups, and decide which /whether to support. It's all part of getting off the couch!
"The battlefields of history are littered with the bones of those, who, at the dawn of victory, sat down to rest; and, resting, died."   
"We can't guarantee success in this war, but we can do something better. We can deserve it."
-John Adams, in a letter to his wife, Abigail.

Johnnyappleseed

Exactly and well said 753 " These people are elected by other people pursuing an agenda ..."
As you have probably heard , unamed hack is re writing his ab 962 -- further , cal AG has indicated she will appeal this commen sense ruling ???
Naturally the "drive by" -state controlled TV is on the side of unamed anti rights dominent political party .

W/O being political would you suggest we all vote for GOA /NRA endorsed candidates ?
JA

Nothing in the world can take the place of Persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. The slogan 'Press On' has solved and always will solve the problems of the human race.
Calvin Coolidge

Pvt.Joker

Quote from: Johnnyappleseed on January 31, 2011, 01:12:25 PM
W/O being political would you suggest we all vote for GOA /NRA endorsed candidates ?
JA

I would suggest a higher level of diligence. I would suggest actually familiarizing yourself with your representative and their voting records, and act accordingly.
I am reluctant to speak ill of the NRA, but they are HIGHLY political in nature, and were in fact trying to derail the Heller vs.DC suit, because they "weren't sure it would succeed".

No plan survives first contact with the enemy.

That said, I'm an NRA member.
"The battlefields of history are littered with the bones of those, who, at the dawn of victory, sat down to rest; and, resting, died."   
"We can't guarantee success in this war, but we can do something better. We can deserve it."
-John Adams, in a letter to his wife, Abigail.