CA ammo ban and ammo background check "unconstitutional"

[Metal god]

There was a scathing descent In the Miller or Duncan case . Maybe not a descent because the judge/s who issued it was from the three judge panel, and the descent was the fact that the 9th circuit skipped the 3 judge panel and went straight to en-banc which was highly unusual .

They aired a lot of the 9th circuits dirty laundry about breaking their own rules backroom deals, etc. I’ll see if I can find it.

This was from the CA Dunken vs Bonta case ( high cap mag case ) Dissent starts on page 9
https://cdn.ca9.uscourts.gov/datastore/opinions/2023/10/10/23-55805.pdf

EDIT - I was just reading through it again and realized this has 8 pages in favor of the stay and a 32 page dissent .

 

[44 AMP]

According to the "infallible" internet news, the background check on ammo is "back on" and will remain in place until the legal challenges are settled.

In other news today, there is a bill being introduced in CA that would require yearly registration of all firearms. Failure to do so would be a crime, and, of course, there is a fee.....

I would give this idea zero chance of becoming law, but since it is in CA, it seems anything is possible these days.

 

[Spats McGee]

According to the "infallible" internet news, the background check on ammo is "back on" and will remain in place until the legal challenges are settled.

In other news today, there is a bill being introduced in CA that would require yearly registration of all firearms. Failure to do so would be a crime, and, of course, there is a fee.....

I would give this idea zero chance of becoming law, but since it is in CA, it seems anything is possible these days.

I'm pretty sure the 9th granted the stay, so yes, BGC on ammo is 'back on.'

Re: yearly registration - I would not be surprised in the least if it did become law, and I suspect that the next step will be "you have to show up with your guns so we can be sure you still have them."

 

[44 AMP]

I suspect that the next step will be "you have to show up with your guns so we can be sure you still have them."

and being able to reply "zum Befehl! Herr Obergruppenstandarten Fuerher!!"

 

[Spats McGee]

I suspect that the next step will be "you have to show up with your guns so we can be sure you still have them."

and being able to reply "zum Befehl! Herr Obergruppenstandarten Fuerher!!"

Maybe CA will call people 25 years after they move out of CA to see if they still have guns, and can send the permit back ...

 

[rc]

The ammo law was not really intended to stop people from getting ammo illegally. After all criminals steal guns and the ammo. The law is crafted to require registration of guns in exchange for obtaining ammo and generate taxes in the form of "fees". Before about 2014 long guns were not required to be "registered" like handguns at time of sale. One of the requirements of the ammo registration scheme is you have to report your current address to the data base and need to have a gun registered in the caliber you wish to purchase. If you go to get ammo but have a gun that is not in the system, you got to tell them what you have in order to buy the ammo. This data base is one data breech away from a criminal shopping list.

 

[Metal god]

Yeah I just heard about the registration thing yesterday. Not sure when it was first proposed. as RC was referring to , since 2014 all long guns purchased in California are automatically registered and pistols have been required to be registered for 25 years or so . Meaning, all Firearm's sold in California are automatically registered to the purchaser and all firearms sold must go through an FFL .

I can totally see this becoming Law, because requiring a registration does not infringe on the right, especially in the 9th circuit . So the anti-super majority legislator will absolutely pass this law . Like I said, I don’t know much about it at this time but I’m assuming it will be sold as a tax or revenue gathering for combatting gun crime or gun violence prevention or something to that effect .
.
The only challenge I can think of off the top of my head would be that Firarms are already registered. Why do they need to be registered a second time or a third fourth fifth sixth seventh time . That’s where the funding of some anti-gun crime logic will come in to rationalize this new legislation . I have a couple guns and at some point I stopped counting . If this goes through, it’s going to be a big deal for me I believe and not in a good way .

 

[44 AMP]

Maybe CA will call people 25 years after they move out of CA to see if they still have guns, and can send the permit back ...

The state of New York actually did that to me, though they didn't call, they sent a letter, back around 2002 or so, thanks for remembering!

Requiring every gun to be re-registered every year is a boondoggle, an out right swindle to make money for the state, as well as being an imposition on lawful gun owners, and makes even LESS sense than requiring a new background check every time you purchase a gun or ammo.

The claims it is needed to help the state know who has what now (and every year) is a LIE. What it does do, is give the state the ability to close a "loophole" and make their data base more inclusive. Every purchase is tracked, and registered under current law, right? SO, the only "legal" guns they don't have on file already (along with their owners) are those that were owned prior to the registration becoming law, and have not been sold, since.

All the guns (legally) bought since the law went into effect are in their files, right. and if you sold one, that transaction is on file, too, listing the new owner. SO, it seems to me that the information they claim this new yearly registration will give them is already in their files. I suppose its easier for them to make a new requirement, create a new database and make the gun owners pay for it than it is to get off their butts and dig out the data from the files they already have.

They say the information will be "shared" with LEO groups, and I suspect they will share it with some universities and various "study groups", and, as already pointed out, its one hack away from being sold on the "dark web" as a gun thief's shopping list. Your name, address, and list of guns you possess, updated yearly would certainly be of prime interest to thieves, who can also count on the fact that you probably have other stuff worth money than just guns....

 

[rc]

Yeh, long guns bought before about 2014 were not required to be registered unless they were "assault weapons" and fathers could give guns to their child but the line has been rapidly moved year after year step by step towards total registration and a process for total confiscation (red flag laws).

 

[44 AMP]

Considering that the worst thing anyone can do with a firearm or any weapon, or any thing used as a weapon is harm or kill innocent people, AND that we have had laws against that as long as we have had laws, I don't see any validity to any gun control laws.

Every gun control law comes with the claim it will make us safer, and allow police to deal more effectively with "gun violence" (which is a BS term anyway).

Are we safer???

Are the police more effective??

I'm not seeing it.

are you??

 

[armoredman]

Never was about crime, all about control. The end game move is almost here, once they have this law, updated for a few years, then another mass shooting will occur, and they will use the act to pass a confiscation act...and now they have updated lists of everyone's private Constitutionally protected property to steal with government thugs, and laugh when someone mentions the law, SCOTUS, Constitution, etc, like they did with the second SKS confiscation after Roberti Roos. Commiefornia is dead.

 

[rc]

When this one gets thrown out as unconstitutional we will have another 10 year + fight over yearly gun registration.

 

[natman]

Never was about crime, all about control. The end game move is almost here, once they have this law, updated for a few years, then another mass shooting will occur, and they will use the act to pass a confiscation act...and now they have updated lists of everyone's private Constitutionally protected property to steal with government thugs, and laugh when someone mentions the law, SCOTUS, Constitution, etc, like they did with the second SKS confiscation after Roberti Roos. Commiefornia is dead.

Good prediction, with one correction. They won't send government thugs around to confiscate your guns. Too dangerous and expensive. They'll just freeze your bank accounts and credit cards until you turn them in yourself.

 

[rc]

I think there is going to be massive non compliance like in Illinois and many Sheriff's will refuse to enforce. The CA DOJ has already been tracking all gun purchases for the last 10 years and ammo purchases for the past 5 years. They know who is a typical gun owner. I feel the state is using a herding strategy. First start with getting everyone into a corral by restricting ppt and getting identifying information at the point of sale. Self identified individuals are then moved into a more restrictive environment where everyone must register everything every year. The process will not stop there but lays the ground work for confiscation on an industrial scale within 10 years. Miss a yearly registration deadline for any reason and the heavy hand of government comes down on you like a hammer to the forehead.