SAF, CGF SUE OVER CALIFORNIA ‘ASSAULT WEAPONS’ LAW ARREST

CALGUNS.NET ^ | 05-23-2011 | Gene Hoffman

[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.”

[TXnMA]

"Wonder how a shortened SMLE would do without all the other “lightening” work?"

Years ago, my uncle gave me a "cut-down" SMLE (in .303).

It didn't take long to figure out his "generosity". '-} I have shot lots of serious rifles, and that little beast is the only weapon I've ever fired that actually induces nausea after three rounds from the bench...

[eyeamok]

Misleading at best:

The victim was kidnapped at gunpoint by a lawless jack booted thug, who made up a Law out of thin air in an effort to abscond with his personal property. The Kidnappers released him 1 week later unharmed and still kept his property.

THEY ALL BELONG IN PRISON FOR LIFE.

If this is not Felony Deprivation of Rights under Color Of Law, what is??

We learned in the OJ case that this is KIDNAPPING, unless of course you can actually point to a law this thug was enforcing. And if he is that Stupid that he cannot tell the difference, WHY IS HE EMPLOYED??

[mad_as_he$$]

ping

[Dead Corpse]

Lawsuit? Why not CRIMINAL charges? USC Title 18, Sec. 242. Deprivation of Civil Rights under Color of Law.

Oh... That's right. Not as much MONEY in pressing criminal charges as there is in a friggin' lawsuit.

Disgusting...

[Dead Corpse]

I’m not a big fan of life imprisonment. I am, however, a big fan of the death penalty. :-)

[Michael.SF.]

WTF makes a bolt action rifle an 'assault' weapon? The bayonet lug? The 10 round box magazine?

Yes to both, plus the flash suppressor.

[AnAmericanMother]

Actually, the buttplate on the No. 5 has a rubber insert that sticks out beyond the brass plate. It's intended to cushion the recoil, but (1) the rubber is way too hard and (2) it's surface area is MUCH smaller than the original buttplate. So everybody refers to it as a "recoil concentrator".

The Victorian soldiers had the old black-powder version of the Lee-Enfield. The "coal burners" will tell you that the recoil is less severe than with smokeless powder. . . more of a push than a sharp blow.

As for the WWI and WWII soldiers, I guess the heavy uniforms absorbed some of the shock, but mainly it's because they had other things on their minds. When I shot my first deer, I had such a bad case of buck fever that I didn't even hear the shot go off, let alone feel the recoil. If the deer shot back, I'm sure it would be even less noticeable!

For your enjoyment, the traditional British Army "Mad Minute" - put as many rounds downrange in 60 seconds as possible. There's even a Jungle Carbine in there (guy must be a real masochist).

Mad Minute

Because of the very slick bolt with rear lugs and the capacious magazine, you can achieve astonishing rates of fire. The Germans in WWI sometimes thought they were hearing machine gun fire rather than the old SMLE.

[AnAmericanMother]

I have a No. 4 Sniper that was accurized by Holland and Holland — I handload for it, use neck size die and 174 gr Sierra match bullets with IMR 4320. Given that the (original) scope is a bit fogged, it’s pretty accurate, not a tack driver but pretty good. (I want a tack driver I’ll use the Ruger M-77. That is a great rifle.)

[Noumenon]

Now that’s a real classic. Some real history behind those No4s. Must be great fun to shoot. The bolts run like butter on those Enfields. Even the old No1 MKIIIs.

[Noumenon]

Insane. Just insane.

[atomic_dog]

SAF is involved. Since posting this I have been able to obtain and read the complaint, which can be downloaded here.

To our friends in Free States this may seem a ridiculous exercise but this is a very carefully chosen case. In California the only way to make progress against the bad laws is in Federal court. Also in California, officials such as Officer Becker, have qualified immunity from any prosecution for official acts. However, that immunity is lost in a Federal civil rights complaint. Hopefully Officer Becker will be signing some of his paychecks over to Mr. Richards, SAF and CGF.

Of equal importance but overlooked by some is that fact that this also addresses the notorious "E check." PC 12031(e) that allows an officer to conduct a search to determine if the firearm is loaded with no probable cause. Even liberals who are told this law exists cringe and remark on the clear unconstitutionality of it and yet it has never been challenged.

It is said that fighting gun control in California is a game of chess not checkers and this is the opening move in a long drawn out strategy to provide California gun owners relief from the Draconian gun laws here.

And speaking of Draconian, here's mine. Legal in CA in its present configuration thanks to the work if the fine people at CALGUNS.NET

[DCBryan1]

My wife's family is in Thousand Oaks. I have clients/friends in Paso Robles where we want to move.

I will move to CA when they:

get a shall issue CCW
allow hi cap Standard magazines
allow the Taurus Judge,
allow NFA items
get rid of the "assault weapon" (whatever the hell that means) ban,
et. al.

Beautiful country. CRAZY laws.

[HKMk23]

Trick question, what gun doesn't scare a liberal?

The one they DON'T know you're packing.

[Freedom_Is_Not_Free]

I wish them luck in the hopeless case. I know exactly how it is going to go.

Any California judge will rule against the plaintiff. The 9th Circus will uphold, duh! The Supremes will refuse to hear it.

Don’t get me wrong, I would LOVE to see the CA assault weapons ban law neutralized in the courts. I don’t see that happening. No matter what happens, the 9th Circuit will uphold the ban and I just don’t expect SCOTUS to take it up. If SCOTUS does take the case, well then who knows?