Lawsuit to Overturn California AB962 Filed – State Ammunition Inc. et al vs. CA DOJ

[MosinMan42]

Lawsuit to Overturn California AB962 Filed – State Ammunition Inc. et al vs. State of California DOJ

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:

https://www.stateammunition.com/stor....asp?type=News

The lawsuit was filed by the Chaffin Law Office ( http://chaffinlaw.com )of Ventura, California, on behalf of three Plaintiffs including State Ammunition Inc., a California company selling ammunition online at http://www.stateammo.com, 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 http://www.a1ammo.com, 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 anti-gun 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 related laws and regulations.

[rglbegl]

Great first post

[johnlives4christ]

best first post i've ever seen! thanks for the update

[Bobitis]

Welcome MosinMan.

Looks like you'll be a great addition to the forum/family.

[belercous]

This suit has merit. The only case I can recall ever having been lost under the Commerce Clause was (I believe) the Rodriguez case. Dealt with guns in school zones. Rodriguez won, but Congress passed the same law specifically citing "interstate commrece" and it was upheld. But that was Congress's law, not a state law. This case seems like a winner under the "Commerce Clause" infringment theory.
States are not permitted (under the Supremacy Clause) to over-ride federal law. However, under the "Dormant" Commerce Clause (a judicial creation, it is not in the text of the Constitution), it could be either struck down or permitted as a valid excercise of state power, depending upon which test SCOTUS decides to use. Don't neccessarily look for it to be accepted/rejected in this case, but rather in the issue of taxing internet sales which I believe will make it before the Court soon.
The issue may/may not make it before SCOTUS, they are under no obligation to take such a case, but likely will if there is a split between circuits (that's how McDonald got before the Court).
Kudos to the attorney/s who postured this case.

[noslolo]

Wow great first post and WELCOME to TFF!!! If this is your first post I look forward to many more great ones!

[wpage]

Interesting information.

[MosinMan42]

Thanks, everone. Please spread the word about this one where it applies.

[Bobitis]

Already have.