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Posts Tagged ‘firearms laws’

ATF Form Under Review and Open for Comment

In Uncategorized on April 16, 2014 at 9:16 pm

See here for details.

Here are contact details:
DATES:
The purpose of this notice is to allow for an additional 30 days for public comment until May 2, 2014.
FOR FURTHER INFORMATION CONTACT:
If you have comments, especially on the estimated public burden or associated response time, suggestions, or need a
copy of the proposed information collection instrument with instructions or additional information, please
contact:

Tracey Robertson, Chief,
Federal Firearms Licensing Center,
Bureau of Alcohol, Tobacco, Firearms and Explosives,
244 Needy Road, Martinsburg, WV 25405.

Written comments and/or suggestions can also be directed to the
Office of Management and Budget,
Office of Information and Regulatory Affairs,
Attention Department of Justice Desk Officer,
Washington DC 20503

or email to OIRA_submission@omb.eop.gov.

I got the above information here.

New from CalGunLaws: Microstamping Rule Freezes Number of Semiautomatic Pistols Available for Sale in California

In 2nd Amendment, Buying guns, California firearms laws, News, Selling guns on June 6, 2013 at 5:23 pm

LINK IS NOW WORKING! – Microstamping Rule Freezes Number of Semiautomatic Pistols Available for Sale in California

Despite the flaws in the technology, the obvious ways that criminals will circumvent the technology, and the difficulties crime labs will have in deciphering the marks, on May 17, 2013, California Attorney General Kamala Harris certified that microstamping is available to firearm manufacturers.

With this simple announcement, new and safer state-of-the-art pistol models essential for home and family defense became impossible for Californians to acquire, because to be sold in California all new semi-automatic pistol models must now have microstamping incorporated into their design in order to be approved for sale in California.

Given the manufacturing costs involved, it is highly unlikely that any manufacturers will adopt the microstamping technology, particularly considering their current pistol production can barely meet the demand from other states. As a practical matter, this will limit the types of new handguns available to the California market to those handguns ready all approved for sale and listed on the roster of approved handguns as of the date of the certification.

NRA and NSSF are exploring all legal avenues for challenging this action in court, and a lawsuit is very likely.

Michel & Associates, P.C. has made a legal memorandum and a collection of other materials on the topic available here.

 

If you would like to comment on this article please visit calgunlaws.com and join the discussion


Please help us inform and recruit grassroots activists to our network by forwarding this e-bulletin to your friends and reposting it wherever possible. Please attribute to calgunlaws.com.
CalGunLaws.com, CalGunLaws’ e-Bulletins, the Self-Defense Defense, Right to Keep and Bear Arms, MichelLawyers, and Shooting Range Lawyers informational Facebook pages and the @MichelLawyers Twitter feed are produced as a pro bono public service by Michel & Associates, P.C., a full service law firm. We appreciate all your legal business inquires and client referrals. These help support the many pro bono public services we provide on behalf of your right to keep and bear arms.

She could have protected herself & her parents–but it was against the law.

In 2nd Amendment, Self defense, Women and guns on January 2, 2013 at 6:54 pm

GOVERNOR BROWN TAKES ACTION ON MAJOR GUN LEGISLATION [from NRA-ILA]

In California firearms laws, Hunting, News on September 29, 2012 at 8:52 pm

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GOVERNOR BROWN TAKES ACTION ON MAJOR GUN LEGISLATION 

 

In a legislative session that saw mixed results for California’s sportsmen and firearms owners, the Governor has signed or vetoed the legislation that we have been closely following.  Some of the bills that we have supported or opposed are listed herein.   

 

A huge THANK YOU goes out to everyone who helped the NRA stand up for our Second Amendment freedoms during this extremely busy and sometimes hectic legislative session.     

  

 

THE GOOD NEWS
Senate Bill 1366 – Lost and Stolen Reporting of Firearms  – VETOED

 

SB 1366, introduced by state Senator Mark DeSaulnier (D-7), would require every person to report the theft or loss of a firearm he or she owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss occurred within 48 hours of the time he or she knew or reasonably should have known that the firearm had been stolen or lost. Law-abiding gun owners should not be made a victim twice and punished for theft of their firearm(s).
Assembly Bill 2333 – Liability for Negligent Storage of BB Devices – VETOED
AB 2333, introduced by Assemblyman Jose Solorio (D-69), would expand California’s negligent storage law to any person who knowingly or reasonably should have known that a minor is likely to gain access to a BB device without the permission of the minor’s parents or legal guardian and the minor carries the BB device in a public place.  The definition of “public place” includes a “front yard, driveway, doorway or entrance to a building or dwelling.”
If a minor possesses a “BB device” that is visible from your own private property you and your child would be in violation.  Violators would be subject to a civil penalty and/or community service.
Assembly Bill 2460– Ban of Law Enforcement Transfer of Firearms – VETOED

AB 2460, introduced by Assemblyman Roger Dickinson (D-9), would ban law enforcement officers from transferring handguns that are not on California’s approved “roster” to anyone but law enforcement officers.  Currently, California law allows for the transfer of firearms that are not on the approved “roster” to be transferred to law-abiding civilians.  These transfers must go through a licensed firearms dealer and are only transferred when the new civilian owner has passed a criminal background check.

Senate Bill 1367 – Archery Season, Deer: Concealed Firearms – SIGNED  

 

SB 1367, introduced by state Senator Jean Fuller (R-18), would revise the Fish and Game Code to authorize a peace officer, whether active or honorably retired, to carry a firearm on his or her person while engaged in the taking of deer with bow and arrow, but would prohibit taking or attempting to take deer with that firearm. The current Fish and Game Code section governing possession of firearms while archery deer hunting is in conflict with the Penal Code section that permits peace officers and honorably retired peace officers to carry a concealed firearm. SB 1367 will remedy the conflict between the two codes.

 

 

 

THE BAD NEWS
Assembly Bill 1527 – Open Carry Ban (of unloaded long guns) – SIGNED
AB 1527, introduced by Assemblyman Anthony Portantino (D-44), would expand on last year’s ban on open carrying of an unloaded handgun to also include unloaded rifles and shotguns.
Senate Bill 1221 – Hunting Ban – SIGNED

 

SB 1221, introduced by state Senator Ted Lieu (D-28), would ban hunting bears and bobcats with dogs.  Hunting with dogs is a tradition that continues across the country.  Many dog breeds with select characteristics for hunting can be traced back for thousands of years.  Seventeen states allow bear hunting with dogs.  The use of hounds for hunting has never been shown to have an adverse impact on wildlife numbers.  Biologists and other wildlife experts determine regulations and bag limits, just as they do with other hunting seasons.
Senate Bill 1315 – Local Regulation of Firearms – SIGNED
SB 1315, introduced by anti-gun extremist state Senator Kevin de Leon (D-22), is just a stepping stone to completely destroying California’s firearms preemption law.  Firearms preemption laws are in place to standardize firearm laws across the state.  This critical law keeps law-abiding gun owners from being placed in jeopardy of running afoul of local restrictions they don`t even know exist simply because they have crossed from one municipality to another. SB 1315 would authorize Los Angeles County to enact and enforce an ordinance or resolution that is stricter than state law regarding the manufacture, sale, possession or use of any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm and that expels a projectile that is no more than 16 millimeters in diameter.
MORE GOOD NEWS
Senate Bill 249 – Semi-Automatic Component Ban

– DEFEATED IN COMMITTEE

 

SB 249, introduced by state Senator Leland Yee (D-8),as amended, would make a small but profound change to the definition of what constitutes a detachable magazine for a semiautomatic firearm.  By doing so, hundreds of thousands of semi-automatic rifles, which were legally sold in California over the last decade, would become illegal on July 1, 2013. SB 249 also has no provisions to allow permitting, licensing or reimbursement for the loss of valuable property.  Worse yet, the bill doesn’t require a public notice program to advise owners of this change in state law. Thousands of owners could be arrested for inadvertent violations.  If you own an affected firearm, your only choices would be to destroy it, surrender it to a law enforcement agency, sell it out of state or have it confiscated at the time of your arrest!  

For more legislative details, go to CALNRA.com

 

 

Thanks to the many pro-Second Amendment groups in California that are helping us distribute the important information contained in this CAL-ERT.  Because this topic is so important and many of us are members of multiple groups, we might receive multiple copies of this message.  Thank you for your understanding.  

    

______________________________


Sign-up to NRA-ILA email alerts HERE

Due to some duplication of efforts, some people might get more than one copy of this message. We apologize if this causes any inconvenience.

 

To subscribe, unsubscribe, or update your subscription information to CALIFORNIA ALERT SYSTEM, CLICK HERE and enter your email address.

 

CAL-ERTs are provided as a free service to all gun owners and Pro-2nd Amendment organizations by the NRA Members’ Councils of California. Please work together with the NRA and help once again defeat the misguided efforts of the anti-gun legislators and fringe groups by cross-posting this CAL-ERT via the Internet, newsletters/publications and hand-outs. The CALifornia-alERT system is operated by NRA staff and volunteers operating within the NRA Members’ Councils Program.    

NRA Members’ Council Office Phone Number (951) 683-4NRA

LICENSE TO CARRY LAWSUIT FILED IN ORANGE COUNTY

In 2nd Amendment, California firearms laws, CCW, News on September 15, 2012 at 3:17 am
LICENSE TO CARRY LAWSUIT FILED IN ORANGE COUNTY!

    

September 13, 2012 – In response to continuing complaints from Orange County firearms owners and Second Amendment civil rights activists, attorneys for the National Rifle Association and the CRPA Foundation have filed a lawsuit against Orange County Sheriff Sandra Hutchens in U. S. District Court.
Orange County citizens should be able to exercise their fundamental right to bear arms, but they are precluded from doing so because they do not have what Sheriff Hutchens uniquely considers “good cause” for a license to carry a firearm in public.
The lawsuit seeks to compel her to issue those licenses, and asks the Court to enjoin Sheriff Hutchens from requiring license applicants to prove they have a special need, beyond the general need to defend themselves and their loved ones, for a license to carry before she will issue them one.
Just days after having filed the Complaint, plaintiffs filed a motion for preliminary injunction asking the Court to order Sheriff Hutchens to cease withholding permits. A copy of the Complaint and Motion for Preliminary Injunction is available here
Calgunlaws.com News and the NRA Members’ Councils of California will keep everyone updated on the progress of this case.  Subscribe to Calgunlaws.com e-bulletins to be kept informed.
SUPPORT THE NRA/ CRPAF LEGAL ACTION PROJECT
Seventeen years ago the NRA and CRPA joined forces to fight local gun bans being written and pushed in California by the gun ban lobby. Their coordinated efforts became the NRA/CRPA “Local Ordinance Project” (LOP) – a statewide campaign to fight ill conceived local efforts at gun control and educate politicians about available programs that are effective in reducing accidents and violence without infringing on the rights of law-abiding firearms owners. The NRA/CRPA LOP has had tremendous success in beating back most of these anti-self-defense proposals.
In addition to fighting local gun bans, for decades the NRA has been litigating dozens of cases in California courts to promote the right to self-defense and the Second Amendment. In the post Heller and McDonald legal environment, NRA and CRPA Foundation have formed the NRA/CRPA Foundation Legal Action Project (LAP), a joint venture to pro-actively strike down ill-conceived gun control laws and ordinances and advance the rights of firearms owners, specifically in California. Sometimes, success is more likely when LAP’s litigation efforts are kept low profile, so the details of every lawsuit are not always released. To see a partial list of the LAP’s recent accomplishments, or to contribute to the NRA or to the NRA / CRPAF LAP and support this and similar Second Amendment cases, visit
All donations made to the CRPA Foundation will directly support litigation efforts to advance the rights of California firearms owners.

For more legislative details, go to CALNRA.com

 

Thanks to the many pro-Second Amendment groups in California that are helping us distribute the important information contained in this CAL-ERT.

CAL-ERTs are provided as a free service to all gun owners and Pro-2nd Amendment organizations by the NRA Members’ Councils of California. Please work together with the NRA and help once again defeat the misguided efforts of the anti-gun legislators and fringe groups by cross-posting this CAL-ERT via the Internet, newsletters/publications and hand-outs. The CALifornia-alERT system is operated by NRA staff and volunteers operating within the NRA Members’ Councils Program.    

NRA Members’ Council Office Phone Number (951) 683-4NRA

    

______________________________


Sign-up to NRA-ILA email alerts HERE

California gun owners: AB 809 and AB 144 require your action

In 2nd Amendment, California firearms laws on August 9, 2011 at 5:04 pm
There are 2 anti-gun bills here in Calif. that need your immediate attention.
The legislators have been on break and resume again Aug. 15th(next Monday).
The 2 anti-gun bills the NRA wants us to focus on are:
AB 809 Long Gun registration
Currently on the suspense file in Senate Appropriations, let’s keep in there.
AB 144 Ban open carry unload
This bill is now on the State Senate floor and awaiting a vote.
Please contact our State Senator Juan Vargas and ask him to oppose these 2 bills.
Call, fax a short letter, or at least send an e-mail to his capitol office as time is short.
Capitol Office:
State Capitol, Room 3092
Sacramento, CA 95814
Phone: (916) 651-4040
Fax: (916) 327-3522
Visit the California NRA Members Council web site to see all the gun bills:
Thanks to Doyle Pritchard for the heads-up.

Judging the Judges: Are the Taurus and Rossi “Judge” Firearms Legal Under California Law?

In California firearms laws on June 23, 2011 at 3:16 am

Judging the Judges: Are the Taurus and Rossi “Judge” Firearms Legal Under California Law?

California has some of the most restrictive and complicated anti-self-defense laws in the nation. Not only do these laws often ban of firearms that are legal to possess throughout the rest of the country, they also subject law abiding California residents to felony prosecution for inadvertent possession of firearms that pose relatively no threat to public safety beyond the threat that any firearm presents when misused by a violent criminal. California’s complicated laws often keep firearms that are ideal for self defense and personal protection out of the hands of California residents, or create such confusion that a rigorous legal analysis by both law enforcement and attorneys must be performed to determine a firearm’s legality.

Two prime examples: the Taurus Judge handgun line, and the Rossi Circuit Judge long gun line.

Unfortunately, the California Department of Justice no longer offers opinions on the legality of specific firearms. Law enforcement, retailers, and consumers are on their own. To assist them, a legal memorandum analyzing these products and their legality under California is now posted here.

Please help us get the word out!
Forwarding and posting of this in its entirety is allowed and encouraged.

Please encourage friends to subscribe!
Copyright
© 2011 MICHEL & ASSOCIATES, P.C. All Rights Reserved

Gun-Related Bills to be Heard on June 21 in the California Legislature

In 2nd Amendment, California firearms laws, News on June 21, 2011 at 2:37 pm
Gun-Related Bills to be Heard on June 21 in the California Legislature
Contact members of the state Senate and Assembly Public Safety Committee
One pro-gun bill and several anti-guns bills are expected to be heard in the state Senate and Assembly Public Safety Committees this Tuesday, June 21.   Please call and e-mail members of the state Senate and Assembly Public Safety Committees urging them not to punish California’s law-abiding gun owners and support our freedoms by opposing all anti-gun legislation.
Please forward this alert to your family, friends and fellow gun owners across California and urge them to also call their state legislators to OPPOSE these anti-gun bills. 
California needs ALL gun owners and sportsmen to voice their opposition to the complete gun ban that the California legislature is moving towards.
The following bills will be heard in the Assembly Public Safety Committee this Tuesday, June 21.  Please call AND e-mail members of the Assembly Public Safety Committee urging them to OPPOSE SB 427, SB 798 and SB 819 and SUPPORT SB 610. Contact information for the Assembly Public Safety Committee can be found here.
Oppose these bills:
Senate Bill 427, ammunition sales registration extension legislation, introduced by Senator De León, would force licensed state ammunition retailers to obtain a special local license to operate in municipalities.  These retailers would also be required to notify local law enforcement before conducting business within their jurisdiction.  SB 427 was recently amended with provisions that would require the registration of RIFLE ammunition.  SB 427 passed in the state Senate by a 22 to 14 vote.  This bill is an attempt to overturn the NRA court victory earlier this year which ruled that the handgun ammunition sales registration law (AB 962 in 2010) unconstitutional and stopped this law from being enforced.  Anti-gun activists are determined to take away gun ownership piece by piece and this bill targets ammunition.
Senate Bill 798, air gun, airsoft and BB gun sales ban legislation, also introduced by Senator De León, would treat air guns and BB guns the same as a toy gun by requiring the entire exterior surface of the device to be white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink, or bright purple as the predominate color.  Air gun and BB guns are not toys and should not be treated as or manufactured like a toy.   SB 798 would include the complete exterior of an airsoft gun also be colored.  Airsoft guns are already classified as toys/imitation firearms and are regulated under federal law to have an orange tip.  SB 798 does not stop there, it would also place a civil fine on the sale, manufacture, transportation, receipt, or distribution of imitation firearms for commercial purposes.  Ultimately, SB 798 will ban the sale of all air guns, BB guns and airsoft guns unless the manufacturer is willing to take on the extra expense of complying with California’s (the only state) new law, if enacted into law.  SB 798 passed in the Senate by 21 to 16 vote.
Senate Bill 819, further background check fund raid legislation, introduced by F-rated state Senator Mark Leno (D-3), would allow Dealer Record of Sales (DROS) funds to go to the Department of Justice to help pay for the enforcement of California firearm possession laws.  The DROS fund monies were originally collected from every firearm purchaser to pay for the administrative process for background checks.  However, these funds have been raided to help the Department of Justice pay their bills.  As a result, the DROS fund will certainly run out of money.  When it does, what will be their answer to this problem – another increase in the fees for background checks.  SB 819 passed in the state Senate by a 22 to 16 vote.
Support this bill:
Senate Bill 610, CCW statewide reform legislation, introduced by state Senator Rod Wright (D-Inglewood), is a much-needed reform for California’s concealed carry permit application process. SB 610 would mandate that concealed carry license applicants would NOT have to pay liability insurance and would also amend the current sequence for processing the concealed carry application by requiring the issuing agency to determine if the applicant has initial “good cause” BEFORE the applicant is required to expend the time and the cost required for the completion of the approval process.  SB 610 was PASSED in the State Senate by a 29 to 8 vote.
The following bill will be heard in the state Senate Public Safety Committee this Tuesday, June 21.   Please call AND e-mail members of the Senate Public Safety Committee urging them to OPPOSE AB 809.  Contact information for the Senate Public Safety Committee can be found here.
Assembly Bill 809, long gun sales registration legislation, introduced again by F-rated Assemblyman Mike Feuer (D-42), would establish a state registration system, similar to the one currently in place for handguns, for all newly-acquired rifles and shotguns.  Under AB 809, the make, model and serial number of the firearm as well as the identifying information of the purchaser would be recorded and kept on file by the California Department of Justice.  AB 809 passed in the state Assembly by a 47 to 29 vote. This bill will cost hundreds of thousands of dollars to implement and these additional costs could be passed onto firearms purchasers resulting in future DROS fee increases.

Reactions in the US to the Swiss gun initiative result – swissinfo

In 2nd Amendment, News on February 15, 2011 at 3:10 am

Reactions in the US to the Swiss gun initiative result – swissinfo.

ATF moving to require multiple sales reports for long guns starting January 5, 2011

In Buying guns, News, Selling guns on December 20, 2010 at 3:47 pm

And they were so quiet about it, too….

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