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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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CGF news from 2011. What big changes happened in Ventura County? PLUS: Lots of cool new CGF gear at the CGF store, and learn how shopping at Amazon.com helps support your Second Amendment rights! ~ The Calguns Foundation

Calguns Foundation - 2011 Year in Review

Calguns Foundation

California --(Ammoland.com)- I know that our fundamental right to keep and bear arms for self-defense is important to you.

This individual liberty ensures that we have an opportunity to protect our lives and those of our loved ones should the need arise. We Californians are all too aware of the many infringements of this enumerated right that regular, law-abiding people like us face on a daily basis, yet it’s for this very reason the road to freedom runs through the Golden State.

2011 was a notable year for gun rights and our culture of respect for the constitution. Over the past twelve months we’ve made some significant advancements in Second Amendment issues and taken major steps forward in our fight for this critical civil right, including:

• Taking the federal carry case of Richards v. Prieto to the Ninth Circuit Court of Appeals to strike the “good cause” and “good moral character” prior restraints in California law and secure the People’s right to bear loaded firearms in public for self-defense on a “shall issue” basis (brought by attorneys Alan Gura and Donald Kilmer);
• Filing a lawsuit in federal court challenging as unconstitutional California’s “Assault Weapons” ban on common semi-automatic firearms, as well as Penal Code Section 12031 “(e) checks” (Richards v. Harris brought by attorneys Jason Davis and Donald Kilmer);
• Filing a federal civil rights case against Santa Clara County Sheriff Laurie Smith for violating Mr. Tom Scocca’s constitutional right to equal protection of the laws by denying him a firearms carry license while approving others (brought by attorneys Donald Kilmer and Jason Davis);
• Supporting the long-running federal lawsuit Nordyke v. King as it heads back to an “en banc” (full court) panel in March, 2012 (brought by attorneys Donald Kilmer and Don B. Kates);
• Winning the important carry license records case Calguns Foundation v. Ventura County Sheriff Bob Brooks, et al., and receiving $21,000 in court-ordered attorney fees (brought by attorney Jason Davis);
• Creating and publishing the CGF Carry License Model Policy for law enforcement agencies;
• Partnering with new Ventura County Sheriff Geoff Dean and his staff to create a vastly improved carry license policy and process, as well as the near-total adoption of the CGF Model Policy;
• Forcing the Los Angeles District Attorney to dismiss false charges against a law-abiding person properly carrying an exposed firearm (defense by Jason Davis funded by CGF);
• Causing San Francisco Sheriff Michael Hennessey to follow the law and establish a written carry license policy;
• Filing a lawsuit against Merced County Sheriff Mark Pazin and the County of Merced over unlawful carry license policies (Rossow v. Merced brought by attorneys Jason Davis and Donald Kilmer);
• Acquiring up-to-date statewide statistics on carry licenses from CA DOJ and publishing a comprehensive report down to the licensing authority level of detail;
• Filing a lawsuit against the County of San Mateo over its pre-empted ban on the carry of firearms in parks (Early v. San Mateo County brought by attorney Donald Kilmer);
• Numerous direct and indirect criminal defenses of innocent Californians;
• And many, many more.

While this isn’t anything nearing an exhaustive list of our efforts over the last year, we hope you’ll see why we’re excited about the future and how your generous donations have gone directly to the front lines of Second Amendment advocacy.

For more on these and other CGF cases, see our Litigation Past and Present Wiki page. 2012 will be full of new lawsuits, grassroots actions, and education campaigns to advance our rights, so be sure to sign up at our website and check back often for news and updates.

We’ve made it easier than ever to make a fully tax-deductible donation to CGF and hope you’ll include us in your charitable giving. To contribute by check or credit card on a one-time or (hopefully!) recurring basis, please use our secure website donations page, also linked at at www.calgunsfoundation.org/donate. (If you’re interested in sponsoring the Carry License Sunshine & Compliance Initiative and supporting our efforts to reform carry license policies in your county and across the state, please visit the Sponsorships section of the new CGF Store.)

Another exciting and easy way for you to contribute to CGF is to shop at Amazon… that’s right, just by making your purchases at Amazon.com through our convenient direct link, up to 15% of the total purchase will be sent directly to CGF! Please do share this email with your friends, family, and fellow gun rights supporters; we’re counting on you to get the word out that California gun owners have every reason to be optimistic about the future of our rights.

Advancing the Second Amendment and keeping government accountable to the People is a full-time job. With your help and support, 2012 can indeed be a monumental year for the right to keep and bear arms. Happy holidays, and best wishes to you and yours.

The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization which serves its members and the general public by providing Second Amendment-related education, strategic litigation and the defense of innocent California gun owners from improper or malicious prosecution. The Calguns Foundation seeks to inform government and protect the rights of individuals to acquire, own, and lawfully use firearms in California.

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