A Geek With Guns

Views from a geek gun nut

SAF Suing California Over “Assault Weapon” Ban

The Second Amendment Foundation (SAF) is bring out a new lawsuit in the first for gun rights. This time SAF is suing California over their “assault weapon” ban:

The Second Amendment Foundation and Calguns Foundation have filed a lawsuit in U.S. District Court in California, seeking to have the state’s definition of so-called “assault weapons” declared unconstitutionally vague.

Joining SAF and Calguns in the lawsuit is Brendan John Richards, an Iraq combat veteran who served as a U.S. Marine, and whose arrest and six-day incarceration in the Sonoma County jail – and subsequent dismissal of all charges – was the catalyst for this legal action. Named as defendants are California Attorney General Kamala Harris, the California Department of Justice, the City of Rohnert Park and police officer Dean Becker.

Richards was jailed in May 2010 after Officer Becker, investigating a disturbance at a motel where Richards was staying, learned that Richards had two pistols and a rifle, all unloaded, in the trunk of his car. Becker, arrested Richards for unlawful possession of an assault weapon. However, in September of last year, the charges were dismissed by the Sonoma County District Attorney’s office, based on a report from the state Department of Justice that showed none of the guns met the state’s definition of an assault weapon.

The lawsuit rightfully claims that California’s definition is “assault weapon” is vague at best. There is no reason a person should be subjected to state aggression because they possess a rifle that looks scary to some people.

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Written by Christopher Burg

May 25, 2011 at 10:00 am

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