Tuesday, May 5, 2009

California Law Challenged

California, DC, and others are attempting to circumvent the Heller decision by ever more “creative” ways. At this point, California is attempting to limit handgun sales to those “certified” firearms approved by the State. The Second Amendment Foundation has filed a lawsuit challenging the regulatory scheme that mirrors the Hanson v. District of Columbia case.

According to the Second Amendment Foundation:

“California uses this list despite a ruling by the U.S. Supreme Court last summer that protects handguns that ordinary people traditionally use for self-defense, and a recent ruling by the Ninth Circuit Court of Appeals that the Second Amendment applies to state and local governments. The California scheme will eventually ban the purchase of almost all new handguns.”

This is a blatant attempt to abuse “public safety” provisions to limit firearm ownership. If allowed to continue unchecked, these sorts of abuses would ultimately ban firearm ownership based on arbitrary standards or who pays protection money (aka a “government fee”) to the State government.

Some of the more flagrant examples of abuse:

“The Para Ordnance P-13 was once approved for sale in California,” Peña noted, “but now that a manufacturer didn’t pay a yearly fee, California claims the gun I want to own has somehow become ‘unsafe’.”

Another outrageous example from plaintiff Roy Vargas:

“The Glock-21 is the handgun I would choose for home defense, but California has decided the version I need is unacceptable. I was born without a right arm below my elbow and therefore the new ambidextrous version of the Glock-21 is the safest one for me. The identical model designed for right hand use is available in California, but I can’t use it.”

It is clear that the State of California only has the blind restriction of firearms and denial of Second Amendment Rights on its mind. It is impossible that either of these examples could be justified through “public safety” considerations. Unfortunately these sorts of abuses of power seem to be increasingly common as anti-civil rights administrations desperately seek ways to circumvent our right to keep and bear arms. We continue to win key victories in these sorts of court cases, hopefully this one will also be settled within the manifest tenor of law.

Until next time!!!

No comments: