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CAL-ERT 06/30/08 ---
4:00 PM
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CALIFORNIA LITIGATION UPDATE
This
information is accurate at the time this CAL-ERT was written and
originally distributed. The
NRA Members' Councils of California
will keep you informed as the legislative and/or litigation
situation changes in California
NRA Coalition's California
Plan
The incorporation lawsuits are not the extent of the NRA's plan
nationally, nor is the SF suit all that is planned in
California. We have a full "dream sheet" of litigation we want
to bring, using both the Heller ruling and the Fiscal preemption
ruling (Prop H).
NRA is leading and working with like minded civil rights groups
including CRPA, CCRKBA, SAF (represented by Alan Gura), GOC, PP
and reps from calguns. Hopefully we can hold all the groups
together for the long haul. Factionalism is counterproductive.
At this stage everyone seems to recognize that overreaching too
soon could result in bad precedent not just for California, but
nationally.
Some examples of what is coming down the road:
Oakland has already been served with a pre-litigation demand to
repeal its "ultra compact handgun" ban. SF's UCH and .50 caliber
handgun bans are also in our sights.
A renewed challenge to all or part of the semi-auto ban is also
in the works. CRPA has already has significant funding set aside
for this effort. TMLLP is coordinating with Calguns on a
semi-auto licensing suit, which may include other elements. We
can work together on this effort, but we need to time it
carefully. This case is probably not the forum to litigate the
incorporation issue. Consider how clean the SF ban on guns in
public housing challenge is -- the SF gun ban is broader than
the ban that SCOTUS struck down in Heller. That allows the
lawyers on our side to focus the court on the threshold
incorporation issue. Until we get that issue resolved, state and
local governments are not restricted by the Heller ruling.
I am also in contact with some of the lawyers and groups
advancing CCW litigation. This is also a licensing issue, not as
clean as challenging a flat out ban.
There are a lot more possibilities. Lawyers are still studying
the Heller decision and considering its implications. Ultimately
though, any case challenging a state of local law in California
will have to get a hearing before the Ninth Circuit, or perhaps
SCOTUS, on the incorporation issue. Hopefully, everyone in the
self-defense civil rights community can appreciate the need to
get incorporation resolved as quickly and simply as possible
before moving to phase two.
I support the fledgling calguns foundation, and encourage you to
support it too. You should also know, however, that because of
the depth of the legal challenges pending, any California donor
making a donation to NRA-ILA, the NRA Civil Rights Defense Fund
(501(c)(3)), CRPA, or CRPA Foundation (501(c)(3)) can count on
that money (and then some) being spent in California. Checks
made out to those entities can be sent c/o TMLLP for processing
to ensure this if you desire. (And yes - you get a free magnet.
Come to think of it, I will restock my "Don't Get Screwed by
California Gun Laws" screwdriver giveaway and throw one of those
in too.)
Although Heller does not go as far as I would have liked, and we
were one vote away from re-education camps, we are now looking
forward to better days my friends.
__________________
C. D. "Chuck" Michel
Managing Partner
TRUTANICH-MICHEL, LLP, Attorneys at Law
Los Angeles Office
180 East Ocean Blvd., Suite 200
Long Beach, CA 90802
Phone: 562-216-4441 / Fax: 562-216-4445
Email: cmichel@tmllp.com
Website:
www.chuckmichel.com
Gun law info:
www.calgunlaws.com
Continue to monitor the latest legislative updates at:
http://NRAMembersCouncils.com/legs.shtml
A printable version of this CAL-ERT can be found at:
http://www.calnra.com/calerts/pdf/calert063008.pdf
Archived CAL-ERTs can be found at:
http://www.nramemberscouncils.com/calerts/archives/index.shtml
NRA Members’ Councils of California
http://NRAMembersCouncils.com
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