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Second Amendment Foundation Files Constitutional Challenge Of California Assault Weapons’ Law

Second Amendment Foundation

BELLEVUE, WA --(Ammoland.com)- The Second Amendment Foundation has filed a federal lawsuit challenging the constitutionality of California’s ban on so-called “assault weapons,” claiming that the statute is “vague and ambiguous” in its definition of assault weapons, leading to the arrest of a California man on two different occasions.

SAF is joined in the lawsuit, which was filed in U.S. District Court for the Northern District of California, by the CalGuns Foundation and Brendan John Richards, an honorably-discharged Marine and Iraq war veteran, who was arrested and jailed in May 2010 and August 2011. On both occasions, charges against Richards were dismissed when it was determined that he had not violated the law because firearms in his possession on both occasions were not “assault weapons” as defined by California law. They are represented by attorneys Donald Kilmer of San Jose and Jason A. Davis of Mission Viejo.

Named as defendants in the lawsuit are California Attorney General Kamala Harris, the California Department of Justice, the Sonoma County Sheriff’s Office and Deputy Greg Myers.

“It’s an insult to be arrested once for violating a law that is so vague and ambiguous that law enforcement officers cannot tell the difference between what is and what is not a legal firearm under this statute,” said SAF Executive Vice President Alan M. Gottlieb, “but to be arrested and jailed twice for the same offense is an outrage. Brendan Richards’ dilemma is a textbook example of why the California statute should be nullified.

“On both occasions,” he continued, “Mr. Richards was jailed and had to post non-refundable bail fees. He lost work due to his incarcerations. In both cases, the same Senior Criminalist John Yount issued reports that the firearms in Richards’ possession were not assault weapons’ under California law. Mr. Richards now has a reasonable fear that his exercise of his fundamental Second Amendment rights will result in more wrongful arrests. We’re delighted to step in, with the CalGuns Foundation, on his behalf.

“This nonsense has to stop,” Gottlieb stated, “and the only way to insure that is to show California’s assault weapon statutes and regulations are unconstitutionally vague and ambiguous. Brendan Richards is not the only citizen faced with this kind of harassment under color of law.”

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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Appeals Court Upholds Second Amendment Foundation Victory In Lawsuit V. Seattle Parks Gun Ban

Second Amendment Foundation

BELLEVUE, WA --(Ammoland.com)- The Washington State Court of Appeals for Division 1 today unanimously upheld a 2010 King County Superior Court ruling against the City of Seattle’s ban on firearms in city parks in a lawsuit originally brought by the Second Amendment Foundation, other gun rights groups and five individual plaintiffs.

SAF Executive Vice President Alan M. Gottlieb said he had always been confident that the Appeals Court would rule “in favor of the law and against the attempt by Seattle to dance around it.”

“We told former Mayor Greg Nickels he was wrong,” Gottlieb said, “and we have reminded the city under Mayor Mike McGinn that it was wrong, and now the Appeals Court has confirmed our position.”

SAF was joined in the lawsuit by the Citizens Committee for the Right to Keep and Bear Arms, the National Rifle Association and Washington Arms Collectors.

Writing for the Court, Presiding Chief Judge Ann Schindler noted, “We hold that under the plain language of RCW 9.41.290 and RCW 9.41.300, the city’s attempt to regulate the possession of firearms at designated park areas and park facilities open to the public by adopting the Firearms Rule is preempted by state law.”

“This is not only a victory for the citizens of Washington State,” he said, “but also for the State Legislature, which had the wisdom in 1983 and 1985 to pass and strengthen our preemption statute. This law has become the model for other state statutes across the country.

“The ruling is also an affirmation of Judge Catherine Shaffer’s original trial court ruling last year,” he continued. “She had the foresight to include observations about our state constitutional right to bear arms but also the Second Amendment.

“Now that the Second Amendment has been incorporated to the states through our victory in McDonald v. City of Chicago,” Gottlieb concluded, “it is going to be impossible for anti-gun politicians in the Evergreen State to defy our preemption statute and our constitutional rights. Such local rules and ordinances are illegal, and now they know it for sure.”

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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