CGF Lawsuit: OOIDA v. Lindley - AB-962 Unconstitutional

[hoffmang]

Contacts: For OOIDA:
Norita Taylor, norita_taylor@ooida.com
Headquarters: (800) 444-5791
For The Calguns Foundation & Plaintiffs:
Jason Davis, Jason@calgunlawyers.com
Office: (949) 310-0817

Truckers and gun owner groups file lawsuit against California to void handgun ammunition shipping ban

AB-962 Pre-empted By Federal Laws That Regulate Interstate Shipping

For Immediate Release: 7/28/2010

Redwood City, CA - The Owner-Operator Independent Drivers Association (OOIDA) has joined with the Calguns Foundation, the National Rifle Association, the Folsom Shooting Club and two individual truckers to challenge California’s soon to be implemented ban on the interstate shipment of handgun ammunition to California.

Last year, Governor Schwarzenegger signed Assembly Bill 962 into law. Starting in February 2011, the law will criminalize the delivery and transfer of handgun ammunition not done in face-to-face transactions. The law requires shipping companies to implement procedures to determine whether the recipient of a package containing handgun ammunition is covered by one of the exceptions in the law before delivering handgun ammunition in California. This places a big burden on the shippers, and will make shipping ammunition to California much more difficult and likely more expensive.

The new lawsuit, filed today in Sacramento’s Eastern District Federal Court, alleges that these provisions of the law violate the Federal Aviation Administration Authorization Act, which prohibits states and local municipalities from interfering with carriers’ rates, routes, or services.

“This isn’t about firearms or ammunition. Congress made an important decision to keep motor carriers free from a patchwork of burdensome regulation as we move America’s goods to market” said Jim Johnston, OOIDA President. “We cannot allow California to subject our members to criminal liability where the state has no right to meddle.”

California depends on the efficient movement of goods by carrier into California. “California legislators have become accustomed to trampling the rights of California’s gun community. However, this time they’ve taken that recklessness into a field that will hurt every Californian. AB-962 will slow down everyone who orders goods online or buys goods at a retail store,” said Gene Hoffman, Chairman of The Calguns Foundation.

In February 2008, a unanimous United States Supreme Court struck down Maine’s directly analogous law regarding the delivery of cigarettes to Maine in Rowe v. New Hampshire Motor Transport. “It does not matter what the State’s goal is or how honorable they believe their cause is,” stated lead attorney, Jason Davis of Davis & Associates. “Rowe made it clear that a state cannot interfere with a carrier’s rates, routes, or services. AB962 does just that.”

“At Sacramento Valley Shooting Center, we currently provide handgun ammunition sales to the public,” said Jim Bass, President of Folsom Shooting Club. “Should the shipping restrictions in AB-962 take effect, we have no way to prove to shippers that we are a handgun ammunition vendor under the law.”

This case follows a Second Amendment and Commerce Clause challenge entitled State Ammunition v. Lindley, and a California State Court Challenge to the vagueness and other requirements of AB-962 brought by the NRA-CRPA Foundation Legal Action Project.

The delivery prohibitions of AB-962 take effect in February 2011; Plaintiffs in this case will be moving quickly to obtain an injunction before the shipping portions of the law takes effect.

The case is filed as OOIDA et. al v. Lindley, U.S. Dist. Ct. E.D. C.A. 2:10-at-01095. A copy of the complaint is available from http://bit.ly/OOIDA-CGF-NRA .

---

The Owner-Operator Independent Drivers Association is the largest national trade association representing the interests of small-business trucking professionals and professional truck drivers. The Association currently has more than 154,000 members nationwide. OOIDA was established in 1973 and is headquartered in the greater Kansas City, Mo., area.

The Calguns Foundation (http://calgunsfoundation.org) is a non-profit legal defense fund for California gun owners. The Calguns Foundation works to educate government and the public and protect the rights of individuals to acquire, own and lawfully use firearms in California.

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.

The Folsom Shooting Club Inc. was incorporated in 1951 and currently operates Sacramento Valley Shooting Center at Sloughhouse CA. Sacramento Valley Shooting center provides ranges for private, government and public use with rifles, handguns and shotguns. FSC and its 1500 members constantly work with law enforcement, the military, youth and wildlife groups and members of the public to promote safe and proper handling of firearms for sporting, recreational and personal use.

[taperxz]

Glad to know my donations are going to a great cause! Thank you

[choprzrul]

Originally Posted by hoffmang

Redwood City, CA - The Owner-Operator Independent Drivers Association (OOIDA) has joined with the Calguns Foundation, the National Rifle Association, the Folsom Shooting Club and two individual truckers to challenge California’s soon to be implemented ban on the interstate shipment of handgun ammunition to California.

Again, the Right People are looking out for the rest of us. Thank you for all you do, I am humbled by your dedication.

.

[bwiese]

Apologies for the crude reference, but this is gonna be a 3-way gangbang.

[Super Spy]

Keep up the good work!

[stag1500]

Is there a chance this case will be completely resolved before February, 2011 or are we hoping a federal judge will block AB 962 from going into effect before then?

[taperxz]

Originally Posted by bwiese

Apologies for the crude reference, but this is gonna be a 3-way gangbang.

I think this state should get used to it. Our legislators may want to visit San Quentin so they can get some practice.

[Steyrlp10]

Thank you, CGF

[hoffmang]

Originally Posted by stag1500

Is there a chance this case will be completely resolved before February, 2011 or are we hoping a federal judge will block AB 962 from going into effect before then?

As the last sentence in the release says, we'll be going for an injunction before the law takes effect.

-Gene

[wildhawker]

Originally Posted by taperxz

Glad to know my donations are going to a great cause! Thank you

We work very hard at turning your tax-deductible donations into real results. Freedom isn't free, and thank you all who recognize it and contribute.

[berto]

Beautiful.

[freonr22]

This whole legal gangbang that CGF is giving to The Insane Ones is giving me a raging brainer ?. From pullnshoot25

[wash]

Great news!

[KaTooM]

Sound like you guys are off to a good start!!

[383green]

Excellent news!

I believe there's a word missing in the title of the release (or at least this cut-n-paste of it):

Originally Posted by hoffmang

Truckers and gun owner groups file lawsuit against California to void handgun ammunition shipping ban

I particularly like how you point out that this law affects everybody, not just ammunition purchasers and vendors.

Originally Posted by bwiese

Apologies for the crude reference, but this is gonna be a 3-way gangbang.

Those who don't like the prurient innuendo may prefer an alternate mental image: AB962 wears a "PC LOAD LETTER" T-shirt while being stomped to bits by three disgruntled office workers.

[stag1500]

Originally Posted by hoffmang

As the last sentence in the release says, we'll be going for an injunction before the law takes effect.

-Gene

Oops. Missed that the first time.

[Window_Seat]

Thanks to Jason Davis, Calguns Foundation & Gene for all their efforts.

I'll be adding this complaint to my signature line shortly now.

Erik.

[choprzrul]

1. August
2. September
3. October
4. November
5. December
6. January

Now the end of July and it takes effect in Feb. Is there a significance to waiting for almost exactly 6 months before to file the suit? I've been wondering why something wasn't filed sooner. Timing? Right plaintiff? Full moon?

Just curious.

[wash]

It's my understanding that a plaintiff backed out which delayed the case.

But it's on now.

[boxbro]

Originally Posted by bwiese

Apologies for the crude reference, but this is gonna be a 3-way gangbang.

[Muzz]

May we kill this thing any way we can. Except with old age.

[kf6tac]

Originally Posted by bwiese

Apologies for the crude reference, but this is gonna be a 3-way gangbang.

Exactly my thoughts when I saw the thread title.

Put another way, this is one horse I'll be happy to beat to death.

[Gray Peterson]

Probably right plaintiffs. Remember that Jason Davis is the lawyer for all of the plaintiffs except for Chuck Michel who is representing the NRA. It takes a special kind of gumption, "fire in the belly", if you will, to be a good plaintiff for something you believe in.

[CMonfort]

There were multiple, significant reasons why this suit and Parker were filed when they were. Those reasons will become evident eventually.

Originally Posted by choprzrul

1. August
2. September
3. October
4. November
5. December
6. January

Now the end of July and it takes effect in Feb. Is there a significance to waiting for almost exactly 6 months before to file the suit? I've been wondering why something wasn't filed sooner. Timing? Right plaintiff? Full moon?

Just curious.

[Hopi]

Never cease to amaze.

[choprzrul]

Originally Posted by CMonfort

There were multiple, significant reasons why this suit and Parker were filed when they were. Those reasons will become evident eventually.

Figured as much, but had to ask

.

[CalNRA]

Originally Posted by bwiese

Apologies for the crude reference, but this is gonna be a 3-way gangbang.

we on Calguns are pretty desensitized to...such references.

[Window_Seat]

Can this case be added to the CGF Wiki?

Erik.

[Table Rock Arms]

I am glad they are addressing the fact that nobody has any idea what a handgun ammunition vendor is. Hard to imagine they could put the law into effect with no definition.

[Window_Seat]

Originally Posted by Gray Peterson

Probably right plaintiffs. Remember that Jason Davis is the lawyer for all of the plaintiffs except for Chuck Michel who is representing the NRA. It takes a special kind of gumption, "fire in the belly", if you will, to be a good plaintiff for something you believe in.

You got that right!

Erik.

[HowardW56]

Originally Posted by bwiese

Apologies for the crude reference, but this is gonna be a 3-way gangbang.

Bill, you can sell the video on the internet....

You just need a new .XXX domain....

[VAReact]

Donating to CGF is the BEST money I've EVER spent!!! YEE-HAH!! Might be time to UP my monthly contributions!

[Monte]

Fantastic news, guys. Thanks, as always, to the usual suspects.

[greasemonkey]

Originally Posted by bwiese

Apologies for the crude reference, but this is gonna be a 3-way gangbang.

[CalNRA]

oh yeah, starting the checks right now....

[Maltese Falcon]

So this is a two pronged attack with the CRPA / NRA suit the other prong?

.

[craneman]

Thanks fella's, for all you so for us. I will try to donate more when some funds become available. These type of actions give me that warm fuzzy feeling inside. Go get em!!

[kf6tac]

Originally Posted by Maltese Falcon

So this is a two pronged attack with the CRPA / NRA suit the other prong?

.

Three prongs if you count the lawsuit filed by State Ammunition.

[Woodymyster]

Would this actually take down the entire law or would certain parts be addressed with an injunction before it goes into effect? I mean if the courts agree that it is unconstitutional, does the entire law get struck down or just the provision about ftf ammo sells?

[Hogxtz]

Originally Posted by bwiese

Apologies for the crude reference, but this is gonna be a 3-way gangbang.

Ok, I'll be the first low classed guy that says, " I actually like that reference, a lot, its hilarious.