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SAF & Calguns Foundation Sue California Over Firearms Statute

Wednesday, December 28th, 2011 at 11:21 AM
Second Amendment Foundation

Second Amendment Foundation

BELLEVUE, WA --(Ammoland.com)- The Second Amendment Foundation has joined the Calguns Foundation and three California citizens in a federal lawsuit against the California Department of Justice and Attorney General Kamala Harris, challenging the state’s requirement that gun owners wait at least ten days before taking possession of an additional firearm.

The case is known as Jeff Silvester et.al. v Kamala Harris, et.al.

“We’ve joined in this lawsuit because it makes no sense for California to require a gun owner who already possesses a firearm from buying another one within a few days,” said SAF Executive Vice President Alan Gottlieb. “We recall what Dr. Martin Luther King said, that A right delayed is a right denied’.”

“Laws that infringe on the right to purchase arms have to be more than just merely rational and must directly serve important governmental interests,” added Gene Hoffman, chairman of the Calguns Foundation. “Here, the law is not just irrational but actually contradictory. We filed this case right before Christmas in the hopes that, by next Christmas, gun owners will not suffer this continuing infringement on their right to acquire firearms.”

“The State has absolutely no reason to infringe the rights of California gun owners who already possess firearms when they buy another one,” said attorney Jason Davis who is representing the plaintiffs.

California currently requires the registration of handguns in California. And, beginning January 2014, it will also require the registration of all newly-purchased rifles and shotguns. Notably, California keeps a current database of all residents who are prohibited by state or federal law from owning or possessing firearms. Individual plaintiffs Jeff Silvester, Michael Poeschl, and Brandon Combs each have firearms registered with the State of California. Mr. Combs and Mr. Silvester also have firearms licenses from the State that constitute ongoing background checks.

“In just about every other state in the U.S., I as a law-abiding gun owner could walk in and, after passing an instant national background check, walk out with a firearm to defend myself in my home,” Poeschl said. “What’s really frustrating is that California is one of the very few states that forces gun owners to register all handguns that they buy. If the State’s database saying that I already lawfully own a gun isn’t proof that I don’t need a cooling-off’ period, then what is?”

“I have a license to carry a loaded firearm across the State,” Silvester noted. “It is ridiculous that I have to wait another 10 days to pick up a new firearm when I’m standing there in the gun store lawfully carrying one the whole time.”

“As a collector, I submitted to a Live Scan background check and obtained a Certificate of Eligibility to Possess Firearms from the State of California at my own expense,” added Combs. “In the Internet era, where every California gun dealer has a computer connected directly to the State’s databases, there is no logical reason to force me to wait 10 days and make another trip simply because California doesn’t want to acknowledge the Certificate that it issued to me. I have registered guns, and I have the State telling me that I can possess guns, but for some reason I can’t exercise my constitutionally protected rights for another ten days? That’s insane.”

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. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.

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Animal Rights Wacko’s Lawsuit Demands Constitutional Rights for Killer Whales

Wednesday, December 28th, 2011 at 11:07 AM
Killer Whales Seas World

Animal Rights Wacko's Lawsuit Demands Constitutional Rights for Killer Whales

Gunlaws.com

Gunlaws.com

SAN DIEGO --(Ammoland.com)- The lamestream media told you: A federal court is being asked to grant constitutional rights to five killer whales that perform at marine parks – an unprecedented and perhaps quixotic legal action that is nonetheless likely to stoke an ongoing, intense debate at America’s law schools over expansion of animal rights,” according to the Associated Press. http://tiny.cc/c0jps .

People for the Ethical Treatment of Animals, or PETA, is accusing the SeaWorld parks of keeping five star-performer whales in conditions that violate the 13th Amendment ban on slavery… PETA relishes engaging in the court of public opinion, as evidenced by its provocative anti-fur and pro-vegan campaigns.

The plaintiffs are the five orcas – Tilikum and Katina, based at SeaWorld in Orlando; and Corky, Kasatka and Ulises at SeaWorld San Diego. Tilikum, a 6-ton male, made national news in February 2010 when he grabbed a trainer at the close of a performance and dragged her underwater until she drowned. PETA’s five-member legal team spent 18 months preparing the case.

The Uninvited Ombudsman notes however that: Any questions remaining about the U.S. justice system’s legitimacy, and willingness to stray from the bounds of reasonable jurisprudence, were put to death today with the acceptance of a slavery lawsuit defending animals — that belongs instead in an obscure philosophy journal, but I repeat myself.

In days when the justice system would cling vigorously to real law, a case like this would have been summarily dismissed, its perpetrator lawyers disbarred, and the legal community in need of oxygen for laughing so hard. A simple question or two from the bench would have served to sever the nonsense and ridicule the monstrous assault on American courts.

“When did your clients retain you for this action counselor?” “What are your clients’ goals?” While those questions expose the silliness, the followup would deserve punishment: “Are you saying your clients don’t even know you’ve decided to represent them, and have not agreed to be party to this suit?” And of course, “Do we need an interpreter for this case, and what language should that person speak?” The courts no longer entertain such inquiry, no matter how bizarre a case they face. In common terms, that’s malfeasance, grounds for removal from office, with prejudice.

One of the unwitting so-called plaintiffs committed murder but has not been charged. The parties remained silent on whether the murder charge would apply, if the whales are granted 13th Amendment anti-slavery human rights.

The Founding Fathers could not be reached to see if they expected wild animals to be covered by the Bill of Rights or Constitution.

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Scottsdale, Ariz.-based Bloomfield Press, founded in 1988, is the largest publisher and distributor of gun-law books in the country. Our website, gunlaws.com, features a free national directory to gun laws and relevant contacts in all states and federally, along with our unique line of related books and DVDs. “After Your Shoot” for media review is available on request, call 800-707-4020. Our authors are available for interview, call to schedule. Call for cogent positions on gun issues, informed analysis on proposed laws, talk radio that lights up the switchboard, fact sheets and position papers. As we always say, “It doesn’t make sense to own a gun and not know the rules.” Visit: www.gunlaws.com

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