Posted on 05/23/2011 6:08:26 PM PDT by atomic_dog
San Carlos, CA – The Second Amendment Foundation and Calguns Foundation have filed a lawsuit in U.S. District Court in California, seeking to have the state’s definition of so-called “assault weapons” declared unconstitutionally vague.
Joining SAF and Calguns in the lawsuit is Brendan John Richards, an Iraq combat veteran who served as a U.S. Marine, and whose arrest and six-day incarceration in the Sonoma County jail – and subsequent dismissal of all charges – was the catalyst for this legal action. Named as defendants are California Attorney General Kamala Harris, the California Department of Justice, the City of Rohnert Park and police officer Dean Becker.
Richards was jailed in May 2010 after Officer Becker, investigating a disturbance at a motel where Richards was staying, learned that Richards had two pistols and a rifle, all unloaded, in the trunk of his car. Becker, arrested Richards for unlawful possession of an assault weapon. However, in September of last year, the charges were dismissed by the Sonoma County District Attorney’s office, based on a report from the state Department of Justice that showed none of the guns met the state’s definition of an assault weapon.
“California’s law allows possession of a variety of firearms that do not meet the state’s assault weapons definition, which we believe is unconstitutionally vague,” noted SAF Executive Vice President Alan Gottlieb. “Mr. Richards was jailed for almost a week, when he had broken no law because a police officer had a conflicting view and the District Attorney’s office believed him.”
“California attempts to make a distinction among firearms where no natural one exists,” noted Calguns Chairman Gene Hoffman. “The generic definition of so-called ‘assault weapons’ was simply an attempt to prohibit possession of guns that look scary.”
Plaintiffs are represented by attorneys Don Kilmer of San Jose and Jason A. Davis of Mission Viejo. Kilmer said the case is indicative of the way things have become in California.
“Now that the right to keep arms has correctly been recognized as fundamental and applicable to California,” Kilmer said, “gun owners can’t be faced with the practice of ‘arrest them first and let the courts sort it out’ for exercising constitutional rights. That is just not how things are done in our country.”
Godspeed.
I found out that this 70 year old rifle is classified as an "assault" weapon for a couple of different reasons.
I gave the rifle to my son in Arizona, where possession of it would be legal.
Damned libs and their laws.
Assault weapon - any gun that scares a liberal.
What good is a gun if it can’t kill a living thing?
Yet another example of the cops NOT knowing the laws they are paid to enforce... while I don;t agree with any gun laws. What I hate more are cops who don't even know what the law is or isn't.
Maybe because of the flash hider on the muzzle, the barrel length, and the ten-round magazine?
I don't know if your son has fired the thing, but look out! When you reduce the barrel length and the weight that much, but keep the cartridge the same, you get a very impressive amount of recoil. It also has an accuracy problem (probably due to the reduced stock allowing the barrel to move).
It had the shortest in-service time of any standard British military rifle, and was removed from service due to inherent flaws in the design.
I've got one anyway! It's not considered an "assault rifle" in Georgia . . . whatever that is. :-D
Great little rifle. I have one in .308 Got a bit of a kick to it if it isn't used with 'loaded down' handloads. WTF makes a bolt action rifle an 'assault' weapon? The bayonet lug? The 10 round box magazine? Sheesh....
Correct on all accounts WRT the #5 jungle carbine.
I beg to differ. This is exactly how things are done in this country, but kudos to this bunch for doing their part to right this wrong. --------------------------------------------------------------------------------
Much cuter than its big brother the MK III, which has always looked nose-heavy to me (even though it's not).
The thing that really cracks me up about the No. 5 is the "recoil concentrator" on the butt . . . . What WERE they thinking? That thing HURTS!
http://www.surplusrifle.com/no5/index.asp
The Navy Arms version in .308 apparently didn't correct any of those problems.
Yeah, I thought it was pretty neat looking, too. Picked mine up for - wait for it - $150 at the local Black Sheep Sporting Goods store. The fact that it was in .308 made it am easy buy, but even if it had been in the standard .303, I would have bought it anyway. Love the Enfield action. Bought a bunch of the No 1 Mk III 2a variants a while back. Fixed ‘em up, zeroed ‘em and stashed them away with a bit of other kit. The ultimate ‘rainy day’ rifle that you can use to get yourself another rifle.
Sure wish the No 5 was more fun to shoot, though. The missus thought it was a cool little rifle, too - until she shot it. And that was that. Been sitting in the armory for the last 10 years basically untouched. Sigh.
BTW - saw them recently offered for $650 from Hunter’s Lodge. Guess I’ll keep mine.
Nope. Sure didn't. Not with factory ammo, anyway. The voice of experience. But you can handload it into something passable. No help with accuracy though. Now the No 1 MkIII 2a - that's a different story.
I’ve got an AR-15 which is considered by others to be an assault rifle. I’ve had it for years now and it’s never hurt anyone. I’ve even taken it to the range a few times and it never hurt anyone.
I have an Enfield No.4 Mk1, with a solid brass butt-plate. Is that the 'recoil concentrator'? It does hurt like hell, and after a few 20-round boxes, I can't take any more.
How in the hell did Victorian soldiers make it through a battle? Their shoulders must've been made of iron back in those days.
I do like the looks of the short carbine. The Swede M36 is a very nice light rifle. Moderate recoil and excellent terminal performance. Not terribly common ammo though.
Trick question, what gun doesn't scare a liberal?
It sounds to me like this might be a good case for SAF to pursue. Does any Freeper know more about it?
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