Magazine Repair Kit Co. Sets up GoFundMe to Defend Against San Francisco Lawsuit

By Dean Weingarten

San Francisco City Attorney Dennis Herrera sued five online gun equipment suppliers selling disassembled large-capacity ammunition magazines as “repair kits” in an alleged attempt to get around state laws.
San Francisco City Attorney Dennis Herrera sued five online gun equipment suppliers selling disassembled large-capacity ammunition magazines as “repair kits” in an alleged attempt to get around state laws.
Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)-
San Francisco City Attorney Dennis Herrera filed a lawsuit against five out-of-state companies he claims were selling kits, that contain the parts necessary to assemble normal capacity magazines of more than 10 rounds. From cbslocal.com:

SAN FRANCISCO (CBS SF) — San Francisco City Attorney Dennis Herrera Thursday sued five online gun equipment suppliers selling disassembled large-capacity ammunition magazines as “repair kits” in an alleged attempt to get around state laws.

The lawsuit, filed in San Francisco Superior Court, alleges that Badger Mountain Supply, 7.62 Precision, Shooters Plus, LAK Supply and Buymilsurp.com are engaging in unfair or fraudulent business practices and seeks penalties of $2,500 in penalties for each individual violation.

Possession of normal capacity magazines, that had been possessed before January 1, 2000, had been grandfathered in the law.  Magazines do not have serial numbers, so it is very difficult to prove when they were purchased.

California has continued to restrict regular magazine ownership with stricter and stricter laws. There has been little enforcement.  In 2013, Dennis Herrera filed a lawsuit against four companies that sold magazine parts kits.

Last year, California banned the possession of magazines that hold more than 10 rounds. Starting in 2017 this went into effect. Some time was given to either convert or dispose of the standard capacity magazines.

It is not clear if unassembled kits containing the parts of standard capacity magazines are legally considered the same as the assembled magazines. But the new law might make it illegal to bring such kits into California.

If a company is breaking the law, the normal course of action is to charge them with a crime.  Using civil lawsuits allow governments to bypass normal Constitutional protections in criminal cases. They do not need warrants, or probable cause, to file a lawsuit. Governments have deep pockets that allow them to destroy companies financially without ever winning a case.

The City Attorney is an elected office in San Francisco. A lawsuit is a way to gain publicity without spending campaign money. Attacking out of state gun accessory companies is politically popular in the City.

The protections against frivolous lawsuits have been eroded over the decades.  This sort of lawsuit is viewed as legitimate in the courts.  A partial solution to abuse was found in the Protection of Lawful Commerce in Arms Act, the PLCAA.  But the PLCAA protects against liability suits. These suits are for “unfair or fraudulent business practices”.

One of the defendants in the lawsuit has set up a Go Fund Me page to help in their defense.  They are 7.62 Precision. At the Go Fund Me page they claim the San Francisco lawsuit is harassment.  They say they have not broken any laws, and that they have not sold any magazine kits to California for some time. From the gofundme.com page:

The City of San Francisco, on behalf of the People of California, is suing 7.62 Precision and several other companies for selling and advertising magazine repair kits to residents of the state of California. This is not a criminal case, but a misuse of taxpayer money and the court system to attack out-of-state companies and Second Ammendment rights. It is a political grandstanding move using civil lawsuits.

If the City of San Francisco actually cared about what they claim, they could have simply contacted 7.62 Precision and we would have proved that we had stopped selling these kits as a result of a change in California law.

It is difficult to know precisely what the facts are in this case.  San Francisco Attorney Dennis Herrera claims he is protecting Californians with the lawsuit. But there is no link to any specific harm with any specific customer to the companies being sued.

7.62 Precision claims that they are being subjected to harassment.

To win, the Government of San Francisco does not have to win in court.  It only has to bankrupt companies with legal fees for their defense.  It is a lopsided fight.

2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch
About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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    CTGUNGUYgrimreaperTionicoJohn Dunlapoldvet Recent comment authors
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    CTGUNGUY
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    CTGUNGUY

    Badger Mountain Supply is listed as one of the companies being sued. That’s instant Karma for them ripping their customers off. The 2A community is supposed to stick together, not burn each other. I’m one of many who purchased items from their site, and was never sent the product. Multiple attempts to contact this “family owned operation” were completely ignored. Total Scam. BUYER BEWARE!!! Justice served in my opinion.

    grimreaper
    Guest
    grimreaper

    Nothing a little orthopedic knee work wouldn’t cure.

    Tionico
    Guest
    Tionico

    Frivolous lawsuits are illegal…. these clowns need to be prosecuted for their CRIME of misuse of the legal system. And be forced to pay ALL costs incurred in result of these corrupt practices.
    Oh, and this clown needs to be charged with misprision in office, false legal action, harrassment, etc. Countersuit in both criminal and civil courts should be instituted, ALL legal costs to come out of this dirtbag’s operating budget.

    Someome ought to publish this clown’s residence address, number plates for his cars, etc…..

    Fb
    Guest
    Fb

    I hope 7.62 Precisiony counter sues the city, county, state and all those involved.

    Fb
    Guest
    Fb

    Precision rather..
    #@mn autocorrect!

    jim
    Guest
    jim

    Folks @ 7.62 Precision are good people.

    Mike
    Guest
    Mike

    With all the budgetary problems that is California if they win it puts more money into this frivolous pursuit of criminalizing gun owners. More money equals more prosecutions. Also, if California does win, think of all the people who were sold these products. Their names and addresses will certainly be divulged. Now they become persons of interest and subject to “inspection” or even legal action. The roots on this run deep and wide, Expect more of the same but hopefully justice and common sense will prevail. Just because a law is on the books does not mean that it has… Read more »

    oldvet
    Guest
    oldvet

    Attention Mr President : Presidential pardons would fix this type of problem. If obomer can do it this category would certainly be welcome. Especially for victims from kali porn ia, nj, ny, oregon and other liberal court jurisdictions.

    John Dunlap
    Guest
    John Dunlap

    Pardons won’t protect against civil suits. I’m pursuing a different solution. I’ve started emailing the White House every few weeks, asking for legal action, including civil and criminal penalties, against officials of California’s state and municipal governments, for their rampant violations of Constitutional rights (it isn’t just the Second Amendment). I intend to start bothering Jeff Sessions directly as well. I would ask everyone here to do the same, and for those outside of CA, contact your state governor and legislators, asking them to explore legal and economic action against states that are violating your rights (you’re supposed to have… Read more »

    Matt in Oklahoma
    Guest
    Matt in Oklahoma

    Its not illegal so whats the case? Its SFs job to enforce their local laws not the companies. It should get thrown out before trial