Posted on 02/17/2015 1:58:34 PM PST by jazusamo
California's gun laws are among the nation's strictest, but a looming decision in a federal lawsuit could effectively ban handguns altogether in the Golden State, according to plaintiffs who want a judge to toss out a state law requiring all new handguns to be equipped with technology that "stamps" each shell casing with a traceable mark.
The problem with the “microstamping” law, which was signed into law by then-Gov. Arnold Schwarzenegger in 2007 but only took effect in 2013, is that it relies on an unworkable technology, according to gun manufacturers and attorneys for the Second Amendment Foundation and Calguns Foundation. If guns without the technology can't be sold in California, and gun manufacturers can't implement the technology, the law is, for practical purposes, a handgun ban that violates the Second Amendment, goes the argument.
“This is about the state trying to eliminate the handgun market,” said Alan Gura, the lead attorney in Pena v. Lindley, filed on behalf of the Second Amendment Foundation and Calguns Foundation against the Chief of the California Department of Justice Bureau of Firearms. “The evidence submitted by the manufacturers shows this is science fiction and there is not a practical way to implement the law.
“At some point gun sales will cease,” he added.
California Eastern District Judge Kimberly Mueller is considering Gura's request for her to enjoin the state from imposing a ban on the sale of new handguns based on lack of compliance with the microstamping law while the case, first filed in 2009, until the technological challenges are resolved. Although Mueller has not said when she will issue a decision, Second Amendment Foundation officials believe it could come any day.
(Excerpt) Read more at foxnews.com ...
I wouldn’t hold my breath for a favorable ruling. From Judgepedia:
California Eastern District Judge Kimberly Mueller:
- recommended by Boxer
- nominated by Obama
- former professor at UC Davis
I hear you, and then appealing to the 9th Circus but there’s some hope at least from SCOTUS.
The American politicians are disarming the American citizens to make it easier on the illegals and gandbangers who prey on them with illegal handguns.
With Republicans like Arney, who needs democRats?
Yep, in my view Arney is a democRat.
Yep. IMHO Jerry Brown is an improvement over “Benedict” Arnold.
they’ll take my moto tool from my cold dead hands
And to think, the voters in California REJECTED prop 15 back in 1982. If accepted it would have banned all sales of handguns in that state.
Since that day, the politicians have been working overtime trying to find ways around the will of the people, one nibble at a time.
http://www.americanthinker.com/articles/2008/10/democrats_should_fear_the_brad.html
http://ballotpedia.org/California_Proposition_15,_Handgun_Registration_Initiative_%281982%29
It looks as if they have almost got it done.
Take off too much and the cartridge might not fire.
Sorry.... I have weak eyes
Don’t be too sure about that, the 9th circus just got it right in another case here in Ca. having to do with CCW’s, I think it was Orange County.
Yep, surprisingly in the last year or so they’ve made a few sane rulings.
Yes they did, and The Attorney General got shut right out of the game. It was San Diego
“The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense,” Judge Diarmuid O’Scannlain said in the majority opinion.
http://humanevents.com/2014/02/14/ninth-circuit-court-blows-a-hole-in-gun-control/
signed into law by then-Gov. Arnold Schwarzenegger in 2007 but only took effect in 2013
And therein lies the problem:
1 All Laws should apply to EVERYONE and be Implemented immediately, not AFTER the buffoon leaves office.
2 Can’t we revoke this jerks citizenship and deport him for all the damage he has done to this state?
The libs in CA couldn’t have done better for themselves if they had elected a Dem instead of Arnold.
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