San Francisco, CA –-(Ammoland.com)- San Francisco City Attorney Dennis Herrera, famous for filing of the first government litigation in American history to challenge the constitutionality of marriage laws that discriminate against gay and lesbian couples, today filed suit against three gun accessories companies and a gun show promoter for selling disassembled high-capacity magazines in California in a so called ‘violation‘ of a state law that prohibits the sale, manufacture, or import of gun ammunition feeding devices that accept more than 10 rounds.
Claiming the common magazine repair kits we “Ostensibly marketed as gun magazine “repair kits” in a barely-disguised attempt to skirt a 14-year-old California gun safety law, the disassembled equipment is intended for easy reassembly by purchasers into complete, fully functional high-capacity magazines that dramatically enhance the lethality of otherwise lawful firearms.”
Never mind that in 2005 the California department of justice clarified that these kits we legal for California resident to purchase. See CA DOJ letter below:
The vendors targeted as defendants in Herrera's civil action are: Harbor, Ore.-based 44Mag Distributing LLC, which operates www.44mag.com; Dallas, Texas-based Exile Machine, LLC, which operates www.exilemachine.com; and Pitsburg, Ohio-based Copes Distributing, Inc., which operates www.copesdistributing.com. Herrera also sued Kaysville, Utah-based B & L Productions, Inc., which hosts gun shows throughout California as “Crossroads of the West Gun Show,” including at the Cow Palace in Daly City, Calif., where large-capacity magazine “repair kits” are typically available for purchase.
Herrera's lawsuit was investigated and filed by his office's Consumer Protection Unit, which pursues civil actions under California's Unfair Competition Law to protect consumers and law-abiding competing businesses from unlawful, unfair, and fraudulent business practices. The unit's actions are funded by public funds or civil recoveries under the provisions of Proposition 64, which California voters enacted in 2004 to direct monetary penalties recovered by government prosecutors to the enforcement of consumer protection laws.
If successful, Herrera's action could result in a court-ordered injunction to immediately prohibit further unlawful conduct by the companies, together with civil penalties of up to $2,500 for each act of unfair competition and legal costs.
The case is: People of the State of California v. 44MAG Distributing LLC et al., San Francisco Superior Court, No. CGC-13-531982, filed June 10, 2013. A PDF copy of the complaint and accompanying exhibits is available on the S.F. City Attorney's website at http://www.sfcityattorney.org.
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