AB 962 (Internet/mail order ammo ban) is moot

The Calguns Foundation Team, aka steamroller, is a mass of litigation knowhow not to be toyed with.   CA AB962 2009 is preempted by the FAAAA.

From Gene Hoffman:

Jason Davis is a rock star.

Today we filed our opposition to the motion to dismiss (alternate link) in OOIDA v. Lindley.

In it, we release the bombshell that Mr. Davis found as we looked very closely at the law and it’s effect on interstate shippers.

DeLeon, the author, thought this bill stops California residents from ordering and having handgun ammunition delivered from e.g. Midway USA. However, DeLeon didn’t actually write that law.

From the opposition:
As referenced above, the California DOJ, by and through the Bureau of Firearms, has inaccurately opined that this provision prohibits “non-face-to-face transfers, such as internet transactions and mail order deliveries.” (Ex. 1.) The Challenged Provision actually permits mail order and internet transactions to consumers – provided that the carriers, via their drivers, obtain “bona fide evidence of identity” from the purchaser or other transferee. This interpretation is supported by the legislative history:

The author’s office has informed the Committee staff that the author’s intent was to allow Internet sales of ammunition to be conducted only through a licensed dealer. That is, if a consumer wanted to buy certain types of ammunition available only on the Internet, this transaction could take place by having the ammunition shipped to a licensed ammunition dealer who could then sell the ammunition to the consumer. However, the current language of the bill contains no requirement that the “deliverer” only deliver ammunition to a licensed dealer, only that the “deliverer,” presumably a common carrier like Federal Express or UPS, check the purchaser or transferee’s identification.”

S. Comm. Pub. Safety, B. Analysis on Assem. B. 962 as Amended June 22, 2009, 2009-2010 Reg. Sess., at F (Cal. 2009) (emphasis added). Thus, at a minimum, the Challenged Provision mandates that carriers, via their drivers, obtain “bona fide evidence of identity” prior to delivering “handgun ammunition.”
The law is still preempted by the FAAAA, but it doesn’t actually stop any transfer of ammunition into California. If for some very unlikely reason we don’t win one of the cases against AB-962, we’ll do the education necessary to make sure the major online/mail order ammunition sellers realize they can keep selling into California. Worst case, we’ll hear from CA DOJ BoF on the record about their thoughts on this issue in their reply brief…

I wonder if the CA retailers start to ask questions about whether they get what they pay for in the Bootleggers and Baptists category…


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Categories: Firearms, Guns


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