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Press Releases

Calguns Foundation Sues California Over Firearms Waiting Period

San Carlos, CA (December 23, 2011) – The Calguns Foundation has filed a federal lawsuit against the California Department of Justice and Attorney General Kamala Harris challenging the policy of requiring gun owners to wait at least 10 days before taking possession of an additional firearm. The case is entitled Jeff Silvester et. al. vs. Kamala Harris, et. al.

The Calguns Foundation is joined in the lawsuit, filed today at the District of California Federal District Court in Fresno, by the Second Amendment Foundation and three individual plaintiffs.

“The State has absolutely no reason to infringe the rights of California gun owners who already possess firearms when they buy another one,” said Jason Davis who is the attorney for 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,” said Michael Poeschl. “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,” noted Jeff Silvester. “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,” said Brandon 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.”

“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 Hoffman. “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.”

A copy of the complaint and case filings can be downloaded at http://calgunsfoundation.org/resources/downloads/category/20-silvester-v-harris.html
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The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization which serves its members 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.

Contact:
Gene Hoffman
650-275-1015
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CGF, SAF FILE CONSTITUTIONAL CHALLENGE OF CALIFORNIA ‘ASSAULT WEAPONS’ LAW

SAN FRANCISCO, CA & BELLEVUE, WA (November 21, 2011) – The Calguns Foundation and the Second Amendment Foundation have 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.

CGF & SAF are joined in the lawsuit, which was filed in U.S. District Court for the Northern District of California, by 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.”

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The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization which serves its members 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.

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.

Contact:
Gene Hoffman 650-275-1015
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Calguns Foundation Sues San Mateo County Over Preempted Parks Carry Ban

San Carlos, CA (October 20, 2011) – As part of its ongoing Carry License Compliance and Sunshine Initiative, the Calguns Foundation (CGF) announced that it has sued San Mateo County over their ban on the carry of firearms by those licensed to carry in San Mateo County Parks in a case entitled Early v. San Mateo County. California prohibits cities and counties from passing additional regulations regarding the licensure of firearms. Plaintiffs Grant Early and Gene Hoffman both hold state-wide licenses to carry firearms from their respective sheriffs in the counties where they reside.

CGF approached San Mateo County to request that the county simply add an exception to their ban on carrying a firearm in county parks for those who are licensed by the State of California to carry a firearm. The County refused to add the exception.

Those who hold carry licenses in California have had to show “good cause,” and complete a background check and training to obtain a permit from their sheriff or chief of police. In most cases “good cause” is a specific life threatening reason for their need to carry. However, in some counties the need for self defense is considered good cause to comport with the Constitution.

“My need to carry a firearm for self defense doesn’t stop at the edge of a county park,” said plaintiff Grant Early. “Mountain lions are common in San Mateo county parks as are predators of the two legged kind. I’m glad that the California Legislature saw fit to protect my right to keep and bear arms by requiring uniformity for carry licenses throughout the state.”

“Recently, San Francisco attempted to regulate the licensing of firearms and that attempt cost San Francisco more than $500,000.00 in legal costs to lose a court case,” stated Gene Hoffman, Chairman of CGF and a plaintiff. “Carry licenses were specifically highlighted in that case as being the type of state license that cities and counties had no authority to regulate. I certainly hope that San Mateo County comes to understand that it’s a bad idea to waste county taxpayer money to violate California law and limit fundamental individual rights.”

A copy of the complaint is available in CGF's downloads directory at http://calgunsfoundation.org/resources/downloads/category/19-earlyvsanmateo.html.

About the Carry License Compliance and Sunshine Initiative

CGF is working to compel government agencies to comply with the Constitution, to promote transparency in the process of issuing licenses, and to bring about a lawful and orderly way for California citizens to exercise self-defense. Through its Richards v. Prieto case, CGF changed Sacramento County’s carry license issuance policy to allow any law-abiding resident of Sacramento County to obtain a license. The case continues against Sheriff Prieto and Yolo County in the Ninth Circuit Court of Appeals to test the sheriff’s assertion that he has the sole discretion to decide to who may – and who may not -- exercise the right to self-defense. Additionally, CGF has sued Merced County in Rossow v. Merced for various unlawful policies and procedures required of its carry license applicants. Recently, CGF won a lawsuit against Ventura County who had refused to make public the “good cause” statements that some Ventura County residents had used to obtain carry permits from the sheriff in that county. CGF is working to make the right to carry the means of self-defense available for all law abiding Californians. The lives of people living in Los Angeles and San Francisco are no less deserving of the constitutional right of self-defense than the good people of Seattle, Portland, and 40 other states throughout the nation.

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The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization which serves its members 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.

Contact:
Gene Hoffman 650-275-1015
This e-mail address is being protected from spambots. You need JavaScript enabled to view it