California: Online Ammo Purchasing Law Struck Down

[ViperGTS19801]

http://redtape.msnbc.com/2011/01/onl...e-for-now.html

Gun rights supporters won a major legal victory last week when a California judge struck down as unconstitutional a law that they say would have effectively banned online sales of handgun ammunition just days before it was to have taken effect.

Given the sheer size of the California market, the law would have had a major impact on national online ammunition sales, and some online ammo sites had already suspended sales to California.

While gun rights advocates cheered the decision, which came amid heightened focus on gun control issues in the wake of the Arizona shooting spree, supporters of the law say ammo sales are dangerously unregulated. And they say they have evidence that millions of rounds of ammunition are illegally sold to convicted felons every year.


The California Handgun Ammunition Registration Bill was signed into law by Gov. Arnold Schwarzenegger in October 2009 and would have taken effect on Feb. 1. The law would have required that all ammunition sales in California involve a face-to-face transaction and fingerprint registration of the purchasers. Gun owners who wished to use online sites or catalogs would have been forced to have their ammunition shipped to a local gun dealer so the transaction could be performed in person, a requirement that opponents say would have effectively ended online sales.

Dealers who failed to obtain fingerprints during a purchase would have been guilty of a misdemeanor crime. While the law would have applied only to handgun ammunition, dealers said it would have effectively ended all online ammo sales in California, as rounds that can be used in handguns can often be used in rifles.

Fresno County Superior Court Judge Jeffrey Hamilton struck down the law Tuesday, saying the definition of handgun ammunition used in the legislation was so vague as to be unconstitutional. California's Attorney General Kamela Harris said she might appeal the ruling.

The lawsuit was filed by the California Rifle and Pistol Association, among other groups, and backed by the National Rifle Association, which quickly declared victory.

The ruling was "an important victory for California gun owners," the NRA said in a statement on its Web site. "For now, at least, mail order ammunition sales to California residents can continue, and ammunition sales need not be registered under the law." NRA officials did not immediately respond to msnbc.com’s request for comment.

There's much more to the story - follow the link.

PS. Felons can buy ammo now.

[andrewjs18]

http://redtape.msnbc.com/2011/01/onl...e-for-now.html



There's much more to the story - follow the link.

PS. Felons can buy ammo now.

are you against people who committed a crime, did their time and are now free to exercise their rights?

I'm sorry man, but if the person was a danger to society, they'd be kept in jail. if they're not, they should be released when their prison term is up and should have their rights 100% reinstated.

[ScotsGuards]

http://redtape.msnbc.com/2011/01/onl...e-for-now.html



There's much more to the story - follow the link.

PS. Felons can buy ammo now.

I know you are making a sarcastic remark but as a pre-cursur to my next reply; according to federal law, convicted felons are not allowed to buy ammo either. All the mail order/online ammo dealers I've ever seen have a certification a purchaser must sign stating they are of legal age and not a prohibited person. The current Ca. law does not override this.

[ScotsGuards]

are you against people who committed a crime, did their time and are now free to exercise their rights?

I'm sorry man, but if the person was a danger to society, they'd be kept in jail. if they're not, they should be released when their prison term is up and should have their rights 100% reinstated.

I can't speak for Viper. I can offer my own thoughts. Most felons don't get there in our legal system without having commited some serious offence. As my friend the Corrections Officer says "They didn't get where they are by spitting on the sidewalk." However If one has been convicted of a serious felony, they have proven they are not respectfull of our society, nor the laws with protect us from those who would endanger the peace, safety and property rights of others. There are penalties for breaking these laws, some of which are more more severe than others. We have chosen in this country to penalize someone for doing so with incarceration for a proscribed period of time, along with a voiding of many of their civil rights as well. So be it. As I stated, these people violated the laws which we have established to protect us, thereby showing their distain for the law and for the rights of their fellow citizens.

Perhaps there might be a system created whereby an offender might be able to earn back his full citizenship. Possibly after so may years of going straight and proving he is once again worthy of the trust of his fellow citizens to exercise the rights he so distainfully violated beforehand. Either way it should not be a free ride for them. They already got one of those by being free-born in the U. S. and they wasted that one.

[ViperGTS19801]

Guys, I was being sarcastic about the felons bit. If you read the article, that's something that the antis are shouting as a result of this bill being struck down, which hasn't changed a damn thing.

How do people get so blind?

[FNG19]

I'm sorry man, but if the person was a danger to society, they'd be kept in jail.

False.

The expiration of one's sentence does not mean one is no longer a danger. It simply means the state has run out of time keeping someone segregated from the civilized world. People can be rehabilitated in prison, but it's not certain. In many cases, they just learn how to be better criminals.

See also: recidivism

[FLICK]

I'm sorry man, but if the person was a danger to society, they'd be kept in jail. if they're not, they should be released when their prison term is up and should have their rights 100% reinstated.

I'm hoping your being sarcastic, 'cause we all know people only go to jail ONCE, right?? As for having their rights 100% reinstated, depends on the crime, no?

Generally speaking, jail "rehabilitates" an extremely small amount of our incarcerated friends......

PS- Still not moving to California......

[daschnoz]

Who cares if felons can buy ammo. If the existing laws are followed and enforced, a felon can not LEGALLY purchase a gun to shoot the above ammo in - making the ammo about effective as a rock.

Good for PRK. Maybe they are slowly finding religion. (the operative word here is slowly)

[Emptymag]

are you against people who committed a crime, did their time and are now free to exercise their rights?

I'm sorry man, but if the person was a danger to society, they'd be kept in jail. if they're not, they should be released when their prison term is up and should have their rights 100% reinstated.

False.

The expiration of one's sentence does not mean one is no longer a danger. It simply means the state has run out of time keeping someone segregated from the civilized world. People can be rehabilitated in prison, but it's not certain. In many cases, they just learn how to be better criminals.

See also: recidivism

Exactly.

I get tired of the "if they were a danger, they would still be in prison" nonsense. That is just about as "head in the sand" as one can get.


********


Good points here too in the fact that none of this (new laws) would make it any less legal for felons to buy ammo.

[GregorOneEye]

Our jail terms for violent offenders are too short.