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Ancient Gaseous Emanation
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Discussion Starter · #1 ·
F Riehl
August 3, 2022


California – -(AmmoLand.com)- Lawful gun owners and potential new gun owners in California have long suffered from a clever but quite unconstitutional state law that essentially banned the sale of any handgun released for sale since early 2013.

The result is an unjustified limit on what guns law-abiding Californians can legally purchase. But thanks to a new lawsuit filed this week by California Rifle & Pistol Association, this blatant attack on “gun culture” could soon be but a bad memory.

The case, which is filed as Boland v Bonta, seeks a declaratory judgment that the law violates the 2nd and 14th Amendments and asks the court to issue an injunction to halt enforcement immediately. If successful, this suit would invalidate the state’s approach and allow law-abiding Californians access to the latest firearms technology, as they should have had all along.
“Californians have long been held hostage under the state’s arbitrary determination of what is or is not a “safe handgun” while the rest of American enjoys the freedom to own commonly used firearms,” stated CRPA President & General Counsel Chuck Michel. “Today, CRPA moves to end those restrictions and restore freedom to Californians.”
The filing points out how many Americans are exercising their Second Amendment rights for purpose of self-defense in light of the “unsettling and increasingly commonplace failure and even unwillingness of the authorities to suppress civil unrest, respond to active threats, and maintain order.” Barring law-abiding citizens access to the latest in firearm technology limits the ability of those citizens to protect themselves, their families, and their property.

The filing also points out the innate contradictions of the law, which purports to increase gun safety but includes ONLY older weapons that do not meet the state’s criteria. Making a list of “safe” guns that fail the state’s own standards points up the hypocrisy of the law.

The historic NYSRPA v Bruen decision gives the Second Amendment community a giant hammer that we can wield in our court cases to turn back decades of laws that restrict your fundamental rights.




 
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Ancient Gaseous Emanation
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Discussion Starter · #2 ·
Under the Unsafe Handgun Act, a handgun cannot lawfully be sold in the primary market to ordinary civilians if it meets the definition of an “unsafe” handgun. A handgun is “unsafe” if it lacks certain features. This prohibition does not apply to law enforcement, nor to an ever-expanding list of other quasi-law enforcement type government agency personnel such as Prison guards, the Department of Motor Vehicles, harbor or port districts, and the investigation division of the Department of Consumer Affairs..
  • California LEOs are exempt from the this law – they can purchase personal off-roster handguns;
  • California LEOs are exempt from this law – they can sell off-roster handguns to “civilians” (something heavily regulated FFLs are not allowed to do);
  • The profit California LEOs make on selling off-roster handguns is large due to government interference with a free market (the handguns demand a premium because the government made them illegal for “civilians” to purchase from FFLs)
 
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California LEOs are exempt from this law – they can sell off-roster handguns to “civilians” (something heavily regulated FFLs are not allowed to do);
It actually says they're allowed to sell guns to any civilian?
 
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