SAF sues Cali over definition of Assault Weapons....

Rmodel65 · May 23, 2011

Glad to be a member of the SAF

or Immediate Release: 5/23/2011
BELLEVUE, WA – 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 Executive Director 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 how things are done in our country.”
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PatHLC128 · May 23, 2011

Good to hear.

meeestirg · May 23, 2011

good JOB!!! i was arrested for having an unloaded pistol in my trunk. the cop performed an illegal search without my consent. the judge just gave me 10 days minus the 2 days in the cell, so 8 days of cal trans. i wish i was apart of some kind of organization like this at the time.

JDCPA · May 24, 2011

What basis did the officer have to search the vehicle in the first place? If I were Richards I'd be suing the arresting officer, his department and the attorney general that left him in jail for lack of probable cause and false imprisonment.

ericb · May 24, 2011

I stay out of Cali and keep my money out also.

meeestirg · May 24, 2011

JDCPA said: ↑

What basis did the officer have to search the vehicle in the first place? If I were Richards I'd be suing the arresting officer, his department and the attorney general that left him in jail for lack of probable cause and false imprisonment.
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he had no reason on the street, in court he said that i had a knife laying in my back seat (it was in it's sheath and not within arms reach)

Zombie Runner · May 25, 2011

ericb said: ↑

I stay out of Cali and keep my money out also.
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this.

meeestirg said: ↑

he had no reason on the street, in court he said that i had a knife laying in my back seat (it was in it's sheath and not within arms reach)
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You are the said Richards?

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SAF sues Cali over definition of Assault Weapons....

#1
Rmodel65 [OP] Yukon Cornelius

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PatHLC128 College.

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meeestirg Well-Known Member

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JDCPA Well-Known Member

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ericb I'm a very neat monster

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meeestirg Well-Known Member

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Zombie Runner Are these black helicopters for me?

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Welcome to Tacoma World!

SAF sues Cali over definition of Assault Weapons....

#1 Rmodel65 [OP] Yukon Cornelius

#2 PatHLC128 College.

#3 meeestirg Well-Known Member

#4 JDCPA Well-Known Member

#5 ericb I'm a very neat monster

#6 meeestirg Well-Known Member

#7 Zombie Runner Are these black helicopters for me?

Products Discussed in Entire Site Forum: Guns & Hunting

#1
Rmodel65 [OP] Yukon Cornelius

#2
PatHLC128 College.

#3
meeestirg Well-Known Member

#4
JDCPA Well-Known Member

#5
ericb I'm a very neat monster

#6
meeestirg Well-Known Member

#7
Zombie Runner Are these black helicopters for me?

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