Post by TA on May 24, 2011 9:39:20 GMT -5
SAF, CALGUNS SUE OVER CALIFORNIA 'ASSAULT WEAPONS' LAW ARREST
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."
The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.
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."
The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.
