Thursday, July 15, 2010

AB962 Legal Challenge Filed in Federal Court

State Ammunition has filed a legal challenge to California’s online handgun ammunition
sales ban and fingerprint purchasing requirement (AB962) was recently
filed in federal court.
The lawsuit was filed by the Chaffin Law Office of Ventura, California, on behalf of three Plaintiffs including State Ammunition Inc., a California
company selling ammunition online, as
well as individuals Jim Otten and Jim Russell, both retired members of
the United States Marine Corps. Jim Otten, a Minnesota resident, is the
owner of A1ammo, a company outside California
claiming that as a result of AB962, it will no longer be able to sell to
California residents and Jim Russell, a retired Marine Corps Major and a
Shooting Sports Director for the Paralyzed Veterans Association of
America, who claims that as a result of AB962, he will be unable to
purchase bulk handgun ammunition online which he uses to help disabled
veterans with rehabilitative organized shooting activities.

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.

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