Judge blocks California’s ban on high-capacity magazines over 2nd Amendment concerns

High capacity magazineHigh-capacity gun magazines will remain legal in California under a ruling Friday by a federal judge who cited home invasions where a woman used the extra bullets in her weapon to kill an attacker while in two other cases women without additional ammunition ran out of bullets.

“Individual liberty and freedom are not outmoded concepts,” San Diego-based U.S. District Judge Roger Benitez wrote as he declared unconstitutional the law that would have banned possessing any magazines holding more than 10 bullets.

California law has prohibited buying or selling such magazines since 2000, but those who had them before then were allowed to keep them.

In 2016, the Legislature and voters approved a law removing that provision. The California arm of the National Rifle Association sued and Benitez sided with the group’s argument that banning the magazines infringes on the Second Amendment right to bear arms. …

Click here to read the full article from the Associated Press

California’s gun seizure program hits hurdles

Gun seizureAuthorities in California are struggling to enforce a state law that permits officials to seize firearms from people with previous criminal convictions or mental health issues – running into staffing and budgetary issues that have contributed to a massive backlog of guns marked for confiscation.

The law, which was passed in 2013 following the shooting at Connecticut’s Sandy Hook elementary school and set aside $24 million for seizure programs, had a goal of confiscating around 20,000 guns over three years. But six years later, according to a San Francisco Chronicle report, there are still roughly 9,000 of those guns out there, with more being added to the list yearly.

While the state’s new governor, Gavin Newsom, has made gun control a priority of his new administration and has proposed a multi-million-dollar increase to hire more agents, the program reportedly has been hit by retention issues and a lack of experience among new agents. …

Click here to read the full article from Fox News

Will Gavin Newsom be tougher on guns than Jerry Brown?

Gun Open CarryCalifornia Democrats on Monday outlined a plan to enact new forms of gun control, and they’re hoping Gov. Gavin Newsom will sign firearm restrictions that his predecessor vetoed last year.

Standing alongside former Arizona Congresswoman Gabby Giffords, who was shot in the head at a 2011 Tuscon event, Democrats in the Legislature called for more gun restrictions.

So far, they’re proposing Assembly Bill 165, which would provide training to police officers on the use of gun violence restraining orders, and Senate Bill 61, which would limit firearm purchases to one gun per month.

“Stopping gun violence takes courage, the courage to do what’s right, the courage to new ideas,” Giffords said at the news conference. “I’ve seen great courage when lives are on the line. Now is the time to come together, be responsible. Democrats, Republicans, everyone, we must never stop fighting. Fight, fight, fight. Be bold. Be courageous. The nation is counting on you.” …

Click here to read the full article from the Sacramento Bee

Gov. Newsom Recycles Bill to Limit Individual Gun Sales

GunNewly inaugurated California Gov. Gavin Newsom is pushing a bill to limit individual gun sales to one a month – a measure that even the recently departed former governor, Jerry Brown, didn’t try to push through the legislature.

But this time might be different.

“The Democrats have a supermajority in California,” Los Angeles-based firearms policy, risk, and strategy analyst Dennis Santiago told Fox News. “The bill is likely to pass.”

California Senate Bill 61, introduced by Democratic state Sen. Anthony Portantino, will ban the purchase or transfer of more than one firearm within a 30-day period. The state already has laws to prohibit an individual from buying more than one handgun a month. …

Click here to read the full article from Fox News

Nancy Pelosi to Introduce Bill Criminalizing Private Gun Sales

Photo courtesy shawncalhoun, flickr

Photo courtesy shawncalhoun, flickr

House Democrats plan to introduce a bill criminalizing private gun sales on Tuesday of next week.

The legislation will be introduced by Speaker Nancy Pelosi (D-CA), Rep. Mike Thompson (D-CA), and gun control proponent Gabby Giffords.

Tuesday will be the eighth anniversary of the day on which Giffords was shot by Jared Loughner.

The bill seeks to put background checks in place for all gun sales, requiring a daughter to get a background check before her mother can give her a gun or a son to get a background check before a father can give him one. It would also require a lifelong friend to get a background check before he can a gun from his lifelong friend. …

Click here to read the full article from Breitbart.com

Gun Control Fail: California Firearm Homicides Up 18 Percent

Police tapeCalifornia, a state with every gun control imaginable, witnessed an 18 percent rise in firearm homicides from 2014 to 2016.

This rise in firearm homicides comes despite the fact that Democrats, gun control groups, and the establishment media constantly claim that states with the strictest gun controls see lower rates of violence and death.

California has universal background checks, gun registration requirements, red flag laws (i.e., Gun Violence Restraining Orders), a ten-day waiting period for gun purchases, an “assault weapons” ban, a one-gun-per-month limit on handgun purchases, a minimum firearm purchase age of 21, a ban on campus carry, a “good cause” restriction for concealed carry permit issuance, and controls on the purchase of ammunition. The ammunition controls limit law-abiding Californians to buying ammunition from state-approved vendors–all of whom are in-state sellers–and adds a fee to any ammunition bought online, also requiring that ammunition to be shipped to a state-approved vendor for pickup.

Additionally, the state mandates gun free zones in businesses where alcohol is sold for on-site consumption. Therefore, the few concealed carry permit holders in the state must enter myriad restaurants without any means of self-defense. This provides a target-rich environment for attackers who want to be sure no one can shoot back when they strike. We last saw this on November 7, 2018, when an attacker opened fire with a handgun in the gun-free Borderline Bar & Grill in Thousand Oaks, California.

Despite all the stringent gun controls a bill filed by Assemblyman Marc Levine (CA-D-10) admits California firearm homicides were up between from 2014 to 2016. The bill says, “Although California has the toughest gun laws in the nation, more effort is necessary to curtail gun violence. The Department of Corrections and Rehabilitation found that from 2014 to 2016 gun homicides increased 18 percent.” In light of this gun control failure the language of the bill goes on to suggest more gun control.

This article was originally published by Breitbart.com

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News, the host of the Breitbart podcast Bullets with AWR Hawkins, and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at awrhawkins@breitbart.com. Sign up to get Down Range at breitbart.com/downrange.

Riverside County Sheriff Sued Over Concealed Weapon Policies

Gun Open CarrySheriff Stan Sniff’s policy on who gets to carry concealed weapons in Riverside County is unconstitutional because it excludes legal U.S. residents, according to a lawsuit filed Oct. 19 in federal court. Sniff denounced the lawsuit, filed by a county resident and five gun rights groups, as politically motivated and designed to help his opponent in the Nov. 6 election.

In his lawsuit, Arie van Nieuwenhuyzen, a legal U.S. resident who was born in The Netherlands, argues his rights were violated last year when the Sheriff’s Department told him he could not apply for a permit because he is not a U.S. citizen. The Riverside resident and business owner said he bought a handgun for self-defense purposes, a need that extends beyond his home.

“Courts across the country have long held that legal United States residents are entitled to the same constitutional protections as everyone else,” the plaintiffs’ attorney, George M. Lee, said in a statement. “Sheriff Sniff’s discriminatory and unconstitutional policies and practices are denying people access to the right to keep and bear arms and violating the Fourteenth Amendment’s command that all people shall enjoy equal protection of our laws.” The other plaintiffs are the Calguns Foundation, the Second Amendment Foundation, the Firearms Policy Coalition, the Firearms Policy Foundation, and the Madison Society Foundation. …

Click here to read the full article from the Riverside Press-Telegram

Gov. Brown Signs Bill Banning Gun Sales to People Under 21

Gun seizureMost people under 21 won’t be able to buy guns in California starting next year under a law Gov. Jerry Brown announced signing Friday.

It will prevent people under 21 from buying rifles and other types of guns. State law already bans people under 21 from buying handguns.

The new law exempts law enforcement, members of the military and people with hunting licenses from the restriction.

It was one of dozens of bills Brown took action on.

Democratic Sen. Anthony Portantino pointed to the shooting at a Florida high school earlier this year that killed 17 people as the reason for his bill banning gun sales and transfers to people under 21.

“I was determined to help California respond appropriately to the tragic events our country has recently faced on high school campuses,” Portantino said in a statement. …

Click here to read the full article from NBC News

California Legislature Approves Lifetime Gun Ban for Those Convicted of Domestic Violence

Gun seizureThe California legislature has added to the state’s extensive slate of restrictions on gun ownership, passing three bills that would place a lifetime gun-ownership ban on anyone convicted of domestic violence or placed on two involuntary psychiatric holds in one year.

If signed into law by Governor Jerry Brown, the legislation would extend the current ten-year ban on gun ownership for domestic abusers to a lifetime ban, a measure the bill’s proponents claim will help ensure the safety of domestic-violence victims.

“We must do more to ensure the safety of our survivors of domestic violence,” Democratic assemblywoman Blanca Rubio, who introduced the domestic-violence legislation, told her colleagues, the Los Angeles Times reports.

A separate bill, introduced by Democratic assemblyman Evan Low, bans gun ownership for those ordered into psychiatric institutions by the courts twice in one year. The bill is intended to reduce the number of gun-inflicted suicide deaths, which comprise two-thirds of all gun deaths annually in the U.S., according to the Centers for Disease Control and Prevention. …

Click here to read the full article from the National Review

ACLU Fighting California Democrats over Gun Control

Gun Open CarryThe American Civil Liberties Union (ACLU) is pushing back against Democrats’ efforts to create further limitations on gun ownership based on mental health treatment.

California Democrats are pushing to secure five gun controls before the legislative session ends. One of those controls would expand bans on gun ownership to include new prohibitions related to mental health.

The Sacramento Bee reports that Democrats want to “prohibit gun ownership for anyone involuntarily committed to a facility twice in one year for a mental health disorder.” A misdemeanor conviction of domestic violence would also trigger a ban on gun ownership.

The ACLU is zeroing in on the mental health provisions, voicing opposition on the grounds that broad language is being used to lump the non-violent in with those who may, indeed, be violent. The ACLU said, “This bill stigmatizes people with a history of mental health issues, and perpetuates the harmful and false stereotype that such people are inherently violent and dangerous.”

We saw similar opposition to the Social Security gun ban, which was created and implemented federally under former President Obama. That ban prohibited gun ownership for beneficiaries who needed a money manager due to mental health struggles, be those struggles temporary or permanent. Duke University psychiatry and behavioral science Professor Jeffrey Swanson made clear that the ban was a convenient way to lump all types of people together–the violent and the non-violent–for a broad-based gun ban.

Swanson used a Washington Post column to explain that “the vast majority of mentally ill individuals” pose no threat to themselves nor to others. Yet the ban stigmatized a broad swath of the mentally ill by treating them as a threat.

The ACLU is making a similar argument against the ban being pushed by California Democrats.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News, the host of the Breitbart podcast Bullets with AWR Hawkins, and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at awrhawkins@breitbart.com. Sign up to get Down Range at breitbart.com/downrange.

This article was originally published by Breitbart.com/California