Rare ‘All Writ’ Court Petition To Halt Chilling New California Gun Law

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BELLEVUE, WA – -(AmmoLand.com)- Attorneys representing the Second Amendment Foundation and its partners in the case of Jones v. Bonta, challenging a California law restricting the rights of young adults to purchase long guns, are asking the Ninth U.S. Circuit Court of Appeals for an All Writ enjoining the state from enforcing a new state law that penalizes plaintiffs in cases contesting state gun laws.

SAF is joined by the Calguns Foundation, Firearms Policy Foundation, Firearms Policy Coalition, Inc., North County Shooting Center, Inc., Beebe Family Arms and Munitions, LLC, Poway Weapons and Gear and PWG Range, Thomas Furrh, Kyle Yamamoto and Matthew Jones. They are represented by attorneys David H. Thompson, Peter A. Patterson, John D. Ohlendorf and Haley N. Proctor at Cooper and Kirk PLLC, and John W. Dillon, Dillon Law Group, APC.

According to the All Writs petition, “This case concerns California laws that restrict the rights of 18-to-20-year-old law-abiding adults to purchase long guns. Plaintiffs seek a declaration that these restrictions violate the Second Amendment to the U.S. Constitution and a preliminary and permanent injunction against their enforcement.”

The petition asks the court to prevent the state from enforcing provisions in Senate Bill 1327, passed earlier this year, specifically Section 2 of the law, which applies only to suits that seek “declaratory or injunctive relief” against the enforcement of any “law that regulates or restricts firearms.”

Plaintiffs respectfully request that the Court issue a writ pursuant to its authority under 28 U.S.C. § 1651, enjoining Defendants from initiating a future action to obtain costs and attorneys’ fees under Section 2 regardless of the outcome of the present action, the petition states.

“We are taking this unusual step because of the chilling effect this new law has on challenges to state gun laws,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Section 2 of the new statute is preempted by the Supremacy Clause of the U.S. Constitution. It violates the First Amendment which, among other things, protects the right of the people to petition the government for a redress of grievances.

“As we note in our petition,” he added, “without access to the courts, citizens cannot defend any of their rights. Contrary to what the state may argue, this isn’t about guns, it’s about rights.

“The California Legislature and Gov. Gavin Newsom may think they can ride roughshod over the Constitution,” Gottlieb observed, “but they really can’t, and we’re hoping the court quickly erases any doubt.”

Doc. 98 Pls-Appellants Pet Pursuant to the AWA 28 USC 1651


About Second Amendment Foundation

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 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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Boom

The best thing that could ever possibly happen for the United States, would be if kalifornka would just go ahead and fall off into the ocean.

—SGM. Lavesphere

Ope

I don’t know if it will ever just break off and fall into the ocean, but Kali. has an earthquake coming that will make the 1906 Frisco thing look like a walk in the park. There’s a state long fault line about to go in the next three or eight years.

musicman44mag

It extends up to Coos Bay Oregon out in the ocean. Then there is another line from Astoria Oregone up through Washington to Olympia. I’ve got news for them. It is all connected, they just haven’t figured it out yet. The other thing is that Kommiefornia will never fall off into the ocean because Poop Floats.

swmft

it will fall off and float down to central America so all the commies can be together

musicman44mag

LOL, thanks for the laugh.

swmft

im waiting for good Friday level quake , the drop was over 50 feet 9.6

swmft

this is not an if but when , and those that follow will remember there was a series from alaska all the way to tiera del fuego in the 60s all in the 9.6 to 6.6 range before that was late 1800s the timing is around 60 years (we have good records from 1500s forward so we are due unless like the magnetic swap the cycle is changing

MICHAEL J

California’s hypocrisy continues on full display. Age discrimination or demographic/labeling a young sector of society. The left would have you believe they are heading off the next generation of potential mass murderers, but in reality maybe future 2nd Amendment zealots?
Are these the same idiots who want 16 year olds the right to vote?

musicman44mag

Yep, you got it!!!!

swmft

waiting for them to do like newyork and let illegals vote

Tionico

they’re alerady very close to that. In CAlifornia when anyone registers a vehicle, gets a drivning license, applies for food stamps or other government largesse, they are automatically sent off to register to vote. Not many clerks are smart enough to determine whether they are citizens or not.

nrringlee

This is yet one more example of Progressive New Left magical thinking at work. Those under 21 are trusted with a vote. They are not trusted with the means to defend their vote. If people under 21 are not mature enough to have a firearm why are they mature enough to vote on critical issues impacting national security? Waiting for the answer from Lil’ Gavin………………………..crickets.

swmft

they want elections to be so convoluted as to be worthless ,so they dont have to steal them because there will never be a clear winner…oh the illegals did not get counted…new boarder crossers

HLB

The ones in power in California saying they are great have power because they are backed up by armed enforcement agencies; the ones Ronnie Barrett will not sell 50 caliber rifles to. They have the freedom of speech to say these things because of the 1st Amendment but they also have the ability to act on these things because of the armed enforcement agencies. But we have 50 caliber rifles and the freedom to make their threats of no concern to us. Is that what this is coming to? Do they not understand that? Are they really that brain challenged?… Read more »

Neanderthal75

They understand perfectly well how well armed Pro second amendment constitutionalists are, they want a civil war which they believe they can win, and then they can strip all the amendments to the Bill of Rights they do not like out, and Institute their socialist Utopia.

They know exactly what they’re doing.

HLB

Ok. I wonder about these things as I try to understand the enemy. I see pictures of these people and they do not have bumps on their foreheads from running in to walls so I know they are mentally functional; just in what way I have a hard time understanding. The only way I can see that they would win a war against the gun owners is if they can turn one faction of us on the other. We need to be careful about that.

HLB

swmft

they are creating so many false laws because there are no consequences to them title 18 is never enforced against criminals in government which is who it was written o hold accountable

2gats

The problem with title 18 is that it requires an attorney general to bring the action. Good luck with that

swmft

i know rats guarding cheese

Tionico

you mean Bonta? That’s quite hilarious. HE bring any action of this sort? The state WILL drop off into the ocean before that ever happens.

Montana454Casull

With a Governor like Gavin Newsom Commiefornia is just like Hilers Germany . People with any brains are leaving this communist state behind and moving to Texas and not Montana I hope ! We don’t want anyone from this communist state residing in Montana . Pray for cold winters and thier stay to be very short if they do come here .

Ope

Montana, what the hell makes you think we want that scum moving to TEXAS anymore than you do Montana?

musicman44mag

Don’t worry Montana. The leftist kommiefornians all move to Missoula, Kalispell Billings, Bozeman and other large college towns and stay concentrated in a big block. You have multiple little towns that are free from the vermin but please take into consideration, not all kommiefornians are leftists. The ones that aren’t don’t move to the big cities.

I love Deer Lodge and Gardner myself.

Rob J

And the ones who do move to big cities seek to impose their views upon the entirety of a state. Washington state, Oregon, and even California catch a lot of flak for the overwhelmingly unconstitutional policies of their legislature and state officials. However, these states are held hostage by the population sinkholes of a few concentrated urban areas. Get a mile away from these flailing cesspools of groupthink and the view changes dratically. But as you said, those of constitutional like mind do not to move to the big cities to add momentum to the toilet spiral many states are… Read more »

musicman44mag

Thank you for recognizing not all kommifornians are the same and supporting my statement of who moves where. It sucks being from kommiefornia and I spend allot of time explaining that to new people I meet. If I do move again, I will never mention Kommiefornia or Oregoneistan again. Buy your property, when you cross the state line stop at the DMV and change all your plates, cover them up with some mud and rub it into the plate so it looks like it has some age to it and say you are from a small town out in the… Read more »

swmft

I know a few from komifornia that have moved to florida, first thing they did was remove all the bs from their ars and bought standard capacity mags ,one bought a bunch of 100s traded me two for six 30 rounders …the 100s get heavy, no fun pig hunting….edit clarification the actual 4 legged kind wild destroying cane fields

Last edited 25 days ago by swmft
macdog

That what’s they used to say about Colorado. The “kommieforians” including our POS governor, infested/ kalifornicated our population centers, brought their crap attitudes and ideas with them. Now they are the larger voting block for the state in the cesspools like denver and peoples republic of boulder; making craps ass laws and screwing this once fine state into ground. Let’s not forget the hollywood POS’s in aspen, vail. Those from kommiefornia, new york, seattle and the like, should be required to pass a citizenship test before citizenship is allowed in what’s left of our “free” states. Oh yeah, that will… Read more »

Last edited 25 days ago by macdog
macdog

I would fully agree. What better way to change a nation, destroy a nation, move to it economic ruin. Which won’t be his first. Massing his like minded useful idiots who are incapable of free and independent thinking. And who are more than willing to sell their soles and carry out his socialist/marxist directives. Just a look at the number of bought and paid for DA’s and attorney generals releasing the human filth back into the population to assist in his creating his dreams of anarchy.

Wild Bill

So they are smart enough and patriotic enough to leave Commyfornia, but not smart enough and patriotic enough for Montana? Maybe they could get some retraining on the way there. You know Montana as a Second Language and Montana 101.

Wass

While I agree with your sentiments, there is no need to bring Hitler into the conversation. It requires no explanation.

Last edited 25 days ago by Wass
Neanderthal75

Generally speaking, I fully agree with you: too many people who have never studied Nazism and how Hitler came to power have no clue how he actually did.

Most people under 40 have no clue what real fascism is, they just like using the term which they equate with bad.

However, after watching biden’s blood red dress, I must completely admit the entire atmosphere and presentation was fully hitlerian in concept, tone, and Leni Riefenstahl production!

Sometimes, the shoe really does fit.

Cheers from the oil patch in Central Wyoming