AB 962 Updates

Ventura County Star Article on State Ammunition's Lawsuit

admin — Fri, 06 Aug 2010 05:38:02 GMT

The Ventura County Star has released an article on State Ammunition's constitutional challenge of AB 962. Here's an excerpt:

Seven months before California’s new law regulating the sale of ammunition fully takes effect, a local ammunition business has taken the state to court with a constitutional challenge.

State Ammunition Inc. in Ventura has filed a federal suit alleging the law violates the Commerce Clause by prohibiting ammunition sellers from making sales that aren’t face-to-face transactions.

Read the article here.

OOIDA, NRA and CGF File Lawsuit

admin — Fri, 30 Jul 2010 07:07:45 GMT

The following press release was sent out 7/29/2010 from the Owner-Operator Independent Drivers Association. The complete filing can be read here.

For Immediate Release:

Redwood City, CA - The Owner-Operator Independent Drivers Association (OOIDA) has joined with the Calguns Foundation, the National Rifle Association, the Folsom Shooting Club and two individual truckers to challenge California’s soon to be implemented ban on the interstate shipment of handgun ammunition to California.

Last year, Governor Schwarzenegger signed Assembly Bill 962 into law. Starting in February 2011, the law will criminalize the delivery and transfer of handgun ammunition not done in face-to-face transactions. The law 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. This places a big burden on the shippers, and will make shipping ammunition to California much more difficult and likely more expensive.

The new lawsuit, filed today in Sacramento’s Eastern District Federal Court, alleges that these provisions of the law violate the Federal Aviation Administration Authorization Act, which prohibits states and local municipalities from interfering with carriers’ rates, routes, or services.

“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” said Jim Johnston, OOIDA President. “We cannot allow California to subject our members to criminal liability where the state has no right to meddle.”

California depends on the efficient movement of goods by carrier into California. “California legislators have become accustomed to trampling the rights of California’s gun community. However, this time they’ve taken that recklessness into a field that will hurt every Californian. AB-962 will slow down everyone who orders goods online or buys goods at a retail store,” said Gene Hoffman, Chairman of The Calguns Foundation.

In February 2008, a unanimous United States Supreme Court struck down Maine’s directly analogous law regarding the delivery of cigarettes to Maine in Rowe v. New Hampshire Motor Transport. “It does not matter what the State’s goal is or how honorable they believe their cause is,” stated lead attorney, Jason Davis of Davis & Associates. “Rowe made it clear that a state cannot interfere with a carrier’s rates, routes, or services. AB962 does just that.”

“At Sacramento Valley Shooting Center, we currently provide handgun ammunition sales to the public,” said Jim Bass, President of Folsom Shooting Club. “Should the shipping restrictions in AB-962 take effect, we have no way to prove to shippers that we are a handgun ammunition vendor under the law.”

This case follows a Second Amendment and Commerce Clause challenge entitled State Ammunition v. Lindley, and a California State Court Challenge to the vagueness and other requirements of AB-962 brought by the NRA-CRPA Foundation Legal Action Project.

The delivery prohibitions of AB-962 take effect in February 2011; Plaintiffs in this case will be moving quickly to obtain an injunction before the shipping portions of the law takes effect.

The case is filed as OOIDA et. al v. Lindley, U.S. Dist. Ct. E.D. C.A. 2:10-at-01095. A copy of the complaint is available from http://bit.ly/OOIDA-CGF-NRA .

State Ammunition, Inc. Challenges AB 962

admin — Thu, 01 Jul 2010 02:57:00 GMT

State Ammunition, Inc. has raised a legal challenge to AB 962. What follows is their press release on the subject:

A legal challenge to California's online handgun ammunition sales ban and fingerprint purchasing requirement (AB962) was recently filed in federal court. A copy of the lawsuit is available at the following link:

State Ammunition Lawsuit

The legal action claims that AB962 violates the Commerce Clause of the United States Constitution by banning handgun ammunition sales in anything other than a face-to-face transaction, and therefore eliminating the ability for California residents to buy ammunition from companies outside the state, as well as the ability for companies inside the state to sell to out-of-state residents. Plaintiffs also argue that AB962 violates Equal Protection and Due Process rights by criminalizing sales of handgun ammunition to various prohibited persons without defining handgun ammunition, and without giving people to ability to know who is actually a prohibited purchaser.

The case follows a flurry of anti-gun legislation recently emerging from the Democrat controlled legislature in Sacramento, including AB50 (2004 ban on 50 caliber BMG rifles), AB1471 (2007 requirement for ballistic microstamping technology), SB585 (2009 attempted ban of gun shows at San Francisco Cow Palace), AB1934 (2009 ban of open carry of unloaded firearms in public), AB1810 (2010 attempt to require permanent registration of long guns), AB2223 (2010 attempt to expand the “lead free” Condor Zone banning the most common and most affordable types of ammunition), among numerous other gun relates laws and regulations.

See the complete press release here: http://www.stateammunition.com/store/shopnews.asp?type=News

Understanding Section Numbers in AB 962's Text

admin — Tue, 06 Apr 2010 22:25:18 GMT

We have received a few emails regarding what all the "numbers" in the text of AB962 mean. Throughout the language you'll encounter numbers which usually refer to items in the California Penal Code. Here's an example. AB 962 refers to section 12323 many times. Section 12323 can be found in Chapter 2.6 of the California Penal Code which discusses ammunition. Here's a link to that section of the CPC:

CPC Chapter 2.6

If you see a section number that is not contained in AB 962 you can use Google or some other search engine to locate the language being referred to.

Gubernatorial Candidate Steve Poizner on AB 962

admin — Sat, 03 Apr 2010 01:36:31 GMT

California Gubernatorial hopeful Steve Poizner can be heard discussing his position on AB 962 and gun laws in general in this YouTube video dated 10/14/2009:

Assembly Hopefuls Asked about AB 962 in Modesto

admin — Thu, 01 Apr 2010 21:50:16 GMT

An article in the Union Democrat describes a Q&A session for candidates for California's 25th Assembly District. The event was put on by the College Republicans and hosted at the Modesto Junior College and took place on 3/19/2010.

When asked about AB 962 all the candidates claimed to be in opposition to the bill and gun control in general. The following six candidates were in attendance:

Teri Murrison
Janice Keating
Kurt Vander Weide
Bill Conrad
Jesse James White
Kristen Olsen

Read the Union Democrat article here.

AB 962 in the Lompoc Record

admin — Thu, 01 Apr 2010 21:35:33 GMT

The Lompoc Record has published a short editoral on AB 962. Here's an excerpt:

Hey, people of California, wake up and smell the coffee.

AB 962 allows you to buy only 50 rounds of handgun ammo per month, with valid identification and a signature. What’s next? Every two months, every four months, every six months, eventually only once a year.

Maybe next time fill out an application and submit it to a committee, along with your life history and a current physical and mental examination.

You can read the article and participate in the discussion here.

NRA Comment on AB 1663

admin — Thu, 25 Mar 2010 00:39:33 GMT

The NRA has posted the following comment on their AB 1663 legislative info page:

03/24/2010 - AB 1663, NRA-sponsored repeal of AB962, failed in its first vote in the Assembly Public Safety Committee - 2 Yes (Hagman, Gilmore). 4 No (Ammiano, Beall, Skinner, Hill) and 1 Abstention (Portantino). The bill is on reconsideration and may come up for another vote in the future weeks. Keep making calls and sending letters, emails and faxes to the Committee!

They included the following photo and caption:

NRA/CRPA delivered over 76,000 letters in support of the repeal of AB 962

Link

AB 1663 Defeated in Committee

admin — Wed, 24 Mar 2010 01:11:28 GMT

Sadly, but not supprisingly, AB 1663 failed to pass the Public Safety Committee. The following was released by Assemblyman Curt Hagman today:

Thank you very much for your support of my legislation, AB 1663 which would have repealed AB 962.Unfortunately this bill failed to pass the Public Safety Committee on March 23rd. The votes were as follows:

Chair Assemblyman Tom Ammiano – NO

Vice-Chair Assemblyman Curt Hagman – AYE

Assemblyman Jim Beall, Jr. – NO

Assemblyman Danny Gilmore – AYE

Assemblyman Jerry Hill – NO

Assemblyman Anthony Portantino – ABS

Assemblymember Nancy Skinner – NO

I, along with leadership members of the NRA, presented solid testimony and numerous reasons why AB 962 punishes both responsible businesses and law-abiding gun owners. Bill Ortiz, Vice President of Turner’s Outdoorsman, gave excellent testimony on the harms AB 962 and his assistance was much appreciated. Thanks to your efforts, we presented over 76,000 letters from people like you from all over California who supported AB 1663.

Unfortunately, the majority party blocked this common sense legislation from even reaching the Assembly Floor for a vote.

Though this was obviously not the desired outcome, I truly appreciate all of your support. It is citizens like you that will help lead the way to a better California. I will not give up the fight to protect our basic rights and I hope you will also continue this cause. Thank you.

It is an honor to serve you.

Assemblyman Curt Hagman
District 60

You can read the committee's analysis of AB1663 here. The organizations listed in opposition to AB1663 are humorous as they consist mostly of various Brady chapters.

The organizations who went on the record in the analysis supporting AB1663, the repeal of AB 962 are as follows:

Disappointing but not unexpected. If you get a moment please feel free to thank Assemblyman Hagman for introducing this bill.

NRA Update on AB 1663

admin — Sun, 21 Mar 2010 17:28:47 GMT

The NRA ILA has released the following message regarding a public hearing scheduled for Tuesday, March 23rd in which AB 1663 will be considered. Here is that message in it's entirety:

Bill to Repeal Ammunition Registration to be Heard Next Week!
Please Contact the Members of the Assembly Committee on Public Safety!
On Tuesday, March 23, the Assembly Committee on Public Safety will consider Assembly Bill 1663.

If passed, AB1663 would repeal the onerous ammunition sales registration requirements put in place by Assembly Bill 962. As you will recall, AB962 requires individuals purchasing ammunition be fingerprinted and registered at the time of sale and outlaws mail order ammunition purchases. AB962 also requires dealers to maintain these records indefinitely and make them available for inspection by the California Department of Justice. As an additional burden, ammunition retailers are also required to store ammunition away from purchasers. AB962 failed to garner support from Attorney General Brown, and any law enforcement organization. In fact, 15 sheriffs wrote letters of opposition to this legislation.

All of California's firearms owners, dealers, shooters, hunters, collectors, clubs/organizations, and ammunition vendors, should join in this effort to repeal AB962. This will not be an easy fight, but it is possible to win if we all stick together and act in an organized manner.

Please contact the members of the Assembly Committee on Public Safety TODAY and respectfully urge them to support AB1663. Contact information can be found below.

Assembly Member Tom Ammiano (D-13) - Chair
(916) 319-2013
Assemblymember.Ammiano@assembly.ca.gov

Assembly Member Curt Hagman (R-60) - Vice Chair
(916) 319-2060
Assemblymember.Hagman@assembly.ca.gov

Assembly Member Warren T. Furutani (D-55)
(916) 319-2055
Assemblymember.Furutani@assembly.ca.gov

Assembly Member Danny D. Gilmore (R-30)
(916) 319-2030
Assemblymember.Gilmore@assembly.ca.gov

Assembly Member Jerry Hill (D-19)
(916) 319-2019
Assemblymember.Hill@assembly.ca.gov

Assembly Member Fiona Ma (D-12)
(916) 319-2012
Assemblymember.Ma@assembly.ca.gov

Assembly Member Nancy Skinner (D-14)
(916) 319-2014
Assemblymember.Skinner@assembly.ca.gov

AB 1663 as Introduced

admin — Thu, 18 Mar 2010 16:53:10 GMT

What follows is the text from AB 1663 as it was introduced:

JANUARY 19, 2010

An act to repeal Section 12318 of, and to repeal Article 3.5 (commencing with Section 12060) of Chapter 1 of Title 2 of Part 4 of, the Penal Code, relating to ammunition.

LEGISLATIVE COUNSEL'S DIGEST

AB 1663, as introduced, Hagman. Ammunition.

Existing law provides that no handgun ammunition vendor, as defined, shall sell, offer for sale, or display for sale, any handgun ammunition in a manner that allows that ammunition to be accessible to a purchaser without the assistance of the vendor or employee thereof.

This bill would repeal those provisions.

Existing law requires, subject to exceptions, commencing February 1, 2011, that handgun ammunition vendors obtain a thumbprint and other information from ammunition purchasers, as specified. Existing law provides, subject to exceptions, that commencing February 1, 2011, the delivery or transfer of ownership of handgun ammunition may only occur in a face-to-face transaction, with the deliverer or transferor being provided bona fide evidence of identity of the purchaser or other transferee. Violations of any of the above provisions are misdemeanors, some with specified penalties. This bill would repeal those provisions.

This bill would repeal those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Article 3.5 (commencing with Section 12060) of Chapter 1 of Title 2 of Part 4 of the Penal Code, as added by Chapter 628 of the Statutes of 2009, is repealed.

SEC. 2. Section 12318 of the Penal Code, as added by Chapter 628 of the Statutes of 2009, is repealed.

This text can be found here on the state's website.

AB 962 and Store Employees

admin — Tue, 16 Feb 2010 14:57:01 GMT

AB 962 puts several restrictions on retailers who wish to sell ammunition. One of these items deals with the employees that are allowed to have any dealings with the store's ammunition.

12061.(a)(1)

A vendor shall not permit any employee who the vendor knows or reasonably should know is a person described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code to handle, sell, or deliver handgun ammunition in the course and scope of his or her employment.

Section 12021 describes a convicted felon who is unable to purchase firearms. Section 12021.1 is a list of violent crimes which are felonies. Section 8100 and 8103 describe people who have been " . . . adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness . . . "

Imagine that you're a large retailer like Walmart that no doubt employs a few people who are convicted felons or have been institutionalized. Is it worth the hassle of continuing to sell ammunition and then trying somehow to make sure that the guy in the stockroom with a felony conviction never touches a pallet of ammunition? I think the answer is most likely no.

AB1663, New Legislation to Repeal AB962

admin — Thu, 21 Jan 2010 03:00:21 GMT

Today the CalNRA released to following statement:

NEW LEGISLATION INTRODUCED TO REPEAL AB962!

Immediately following Governor Schwarzenegger's signing of the Ammunition Sales Registration Bill, AB962, NRA announced our effort to repeal this misguided and un-necessary legislation by amending NRA sponsored AB373 into a "Repeal bill."

This effort has been welcomed by overwhelming support throughout the firearms community within the state and the California Rifle and Pistol Association immediately added their total support to this effort. Gun stores, ranges, hunting & shooting clubs, collectors, hunters, and those who value our freedoms, have all joined this effort to repeal AB962.

Because of this overwhelming support from firearms owners throughout the state, it has been decided to use a different legislative vehicle in the effort to Repeal AB962. The reason is because the time for AB373 to be heard in the legislative committee was nearing the end and many people still had not had a chance to sign the "Letter of Support of the Repeal of AB962" yet. Assemblyman Hagman has introduced AB1663, which does not require a hearing until later this year. This gives everyone a chance to sign the "Letter."

This will not be an easy fight, but it is possible to win if we all stick together and act in an organized manner. There is no good reason not to be part of the team.

Read the NRA-ILA News Release regarding Governor Schwarzenegger's counter-productive signing of AB962 at http://www.nraila.org/News/Read/NewsReleases.aspx?ID=12998.

Read the entire release here.

San Diego County NRA Member's Council Meetings

admin — Tue, 19 Jan 2010 19:58:03 GMT

If you are located in San Diego County and would like to have an in depth discussion with a NRA representative regarding Assembly Bill 962 (or anything else for that matter) please consider attending a member's council meeting. In the San Diego area the meetings are held on the second Wednesday of each month at 7:00pm at "W.C's Chuck Wagon Restaurant and Saloon" located at 8861 N. Magnolia Ave in Santee.

The NRA Members' Council of Greater San Diego's website can be found at the following URL: www.sdnra.com

SFGate Editorial Mentioning AB 962

admin — Mon, 18 Jan 2010 15:15:26 GMT

The San Francisco Chronicle has a rundown of several of the more "important" new laws which were passed in 2009. In the "good" column you'll find legalized office gambling, laws which limit the amount of water in honey and, most importantly of all, the passage of Harvey Milk Day. A single sentence is devoted to AB 962.

AB962 will require gun sellers to record sales of ammunition and require the identification of the purchaser, closing a dangerous loophole.

I'm not really sure what the loophole was that was closed but it seems that when guns are involved, loopholes abound in the minds of many in this state. You can read and comment on the article here.