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Working Around Heller vs District of Columbia

California's state legislature seems to have come to the conclusion that banning firearms will not survive court challenges in the post Heller Federal Courts.

Undeterred by this setback, they have instead taken steps to restrict access to ammunition.

Schwarzenegger: He Won't Be Back
Daily Pundit
Latest Info: 10/12/2009 - The Governor has failed to veto AB962 Mail Order Ammo Ban. However, because California does not have a pocket veto, the bill will become law as though it received his signature.

Here's what the miserable RINO permitted to become law:
The bill would provide that no handgun ammunition vendor, as defined, shall sell, offer for sale, or display for sale, any handgun ammunition in a manner that allows that ammunition to be accessible to a purchaser without the assistance of the vendor or employee thereof.

Existing law generally regulates what information is required to be obtained in connection with the transfer of ammunition.

This bill would, subject to exceptions, commencing February 1, 2011, require handgun ammunition vendors to obtain a thumbprint and other information from ammunition purchasers, as specified. A violation of these provisions would be a misdemeanor.



As if it weren't already a PITA to buy ammunition in this state... And the provision of California State Law which allows a bill to become law without affirmative action (signature) by the Governor is an invitation to passive aggressive behavior.

Hat Tip: Say Anything Blog

UPDATE: The Governor signed it afterall... Signing statement after the break.

To the Members of the California State Assembly:

I am signing Assembly Bill 962. This measure would require vendors of handgun ammunition to keep a log of information on handgun ammunition sales, store ammunition in a safe and secure manner, and require the face-to-face transfer of ammunition sales.

Although I have previously vetoed legislation similar to this measure, local governments have demonstrated that requiring ammunition vendors to keep records on ammunition sales improves public safety. These records have allowed law enforcement to arrest and prosecute persons who
have no business possessing firearms and ammunition: gang members, violent parolees, second and third strikers, and even people previously serving time in state prison for murder. Utilized properly, this type of information is invaluable for keeping communities safe and preventing
dangerous felons from committing crimes with firearms.

Moreover, this type of recordkeeping is no more intrusive for law abiding citizens than similar laws governing pawnshops or the sale of cold medicine. Unfortunately, even the most successful local program is flawed; without a statewide law, felons can easily skirt the record keeping requirements of one city by visiting another. Assembly Bill 962 will fix this problem by mandating that all ammunition vendors in the state keep records on ammunition sales.

As Governor, I have sought the appropriate balance between public safety and the right to keep and bear arms. I have signed important public safety measures to regulate the sale and transfer of .50 caliber rifles, instituted the California Firearms License Check program, and promoted the use of microstamping technology in handguns. I have also vetoed many pieces of legislation that sought to place unreasonable restrictions and burdens on firearms dealers and ammunition vendors. Assembly Bill 962 reasonably regulates access to ammunition and improves public safety without placing undue burdens on consumers.

For these reasons, I am pleased to sign this bill.

Sincerely, Arnold Schwarzenegger


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Comments (18)

Considering that he himself... (Below threshold)
Saterp:

Considering that he himself once tried to buy a phased plasma rifle in the 40 watt range, that's pretty hypocritical.

It takes a very limited amo... (Below threshold)
The Whistler:

It takes a very limited amount of ammunition to do damage or commit a crime.

It takes a lot of ammunition to be an hunter or a responsible self defense gun owner.

Nice to see Government hasn't lost their stupidity.

To Nevada then I'll steal.<... (Below threshold)
mojo:

To Nevada then I'll steal.

I often find myself wonderi... (Below threshold)
P. Bunyan:

I often find myself wondering what ever happed to that Arnold Schwarzenneger guy who gave that excellent speech at the 2004 Republican convention. I haven't seen or heard anything from that guy in years...

Nevada is going to be doing... (Below threshold)

Nevada is going to be doing a brisk business! It's just another way to drive jobs and taxes out of the State.

It's also another way to instantly turn law-abiding citizens into criminals!

When I sent a letter to Arn... (Below threshold)
GarandFan:

When I sent a letter to Arnie, I mentioned that I and others would refuse to purchase ammunition in Kalifornia if this law passed. It's not that far to the Nevada, Arizona or Oregon border. We'd just stock up there. Guess Kalifornia doesn't need the sales tax money or the funds those ammo purchases provide for wildlife management.

Just another smuggling oppo... (Below threshold)
bill-tb:

Just another smuggling opportunity

Heh, I can see business opp... (Below threshold)
Gmac:

Heh, I can see business opportunities knocking.
I'd set up a state line gun store just to poke a stick in their eye.
I imagine business will be picking up shortly.

Just another smuggling o... (Below threshold)
Mike G in Corvallis:

Just another smuggling opportunity

I drove into California from Oregon a couple of weeks ago. I was surprised to see that the checkpoint station just south of Siskiyou Pass on I-5 was active. State employees were stopping all vehicles -- and searching some of them -- to see whether people were bringing any plants or animals into the state.

It wouldn't take much to add another item to their checklist.

Has anyone crossed the state line recently on one of the other highways?

"Has anyone crossed the sta... (Below threshold)
GarandFan:

"Has anyone crossed the state line recently on one of the other highways?"

Came back from Arizona about two weeks ago. Agricultural Inspection Station on I-8. About 4 miles after you cross the state line. If they added ammo I can see a lot of people saying "Yeah, you can search my car, as soon as I see the search warrant."

I doubt such a law would st... (Below threshold)
Mac Lorry:

I doubt such a law would stand a court challenge on a number of grounds. It's just more liberal stupidity at a time when California is close to failing as a state.

I understand, I do, by regu... (Below threshold)
JustRuss:

I understand, I do, by regulating the sale of ammunition in such a way they are able to make certain that those doing the purchasing are legit while not stepping on second amendment rights too much. However you cannot arrest someone for purchasing ammo even if they are not allowed to own a gun. Just like you can buy clips, scopes, lasers etc without showing that you actually own a gun and without paying for any sort of back ground check.

It is annoying, but better than what they are doing in DC to get around the ruling. They just tax everything to hell and drown you in paperwork.

Arnie's 'signing statement'... (Below threshold)
GarandFan:

Arnie's 'signing statement' indicates he probably read an article in the Sacramento Bee, stating the case for 'ammo purchase registration'. I don't recall what state/city the article referenced, but the writer was claiming all kinds of crime cases solved because police 'traced' the ammunition used in crimes. Personal opinion: Bull shit! Unless the person was using some scarce off-the-wall cartridge.

I wrote to the editor of the Bee and asked to see the 'police reports' the article was based on. Even offered to pay for copying and mailing. NEVER GOT A RESPONSE.

I feel so much safer now.</... (Below threshold)
bobdog:

I feel so much safer now.

The central hypocrisy in most of the 26,000 gun laws now on the books is that most of them have nothing to do with protecting the public, reducing crime, or any of the other excuses written into the laws. Underneath most of them is the unspoken agenda of gun control nuts and pandering politicians to undermine the second amendment any way they can, completely ignoring the Constitutional Amendment process they know would fail ratification by the states.

The result is legislation based on blatant subterfuge.

If they added ammo I can... (Below threshold)
Mike G in Corvallis:

If they added ammo I can see a lot of people saying "Yeah, you can search my car, as soon as I see the search warrant."

Alas, with the agricultural checkpoints there's already a precedent for searching every car. They wouldn't even have to say they're looking for ammo -- if they get hinky about someone, they can say they're looking for plants.

But I don't think we have to wory about checkpoint searches just yet. The next step would be for the state to impose a huge, revenue-generating tax on ammunition, the way some East Coast states tax cigarettes. Then we'll see smuggling, and vehicle searches at checkpoints.

Could American Indians on r... (Below threshold)

Could American Indians on reservations in California sell ammunition to the White Man without taking a thumb print? How's THAT for a turn-around?

"Could American Indians on ... (Below threshold)
GarandFan:

"Could American Indians on reservations in California sell ammunition to the White Man without taking a thumb print?"

I don't think so. The California penal code is enforced on reservations. It's the taxes that don't apply.

Normally I'd say, "Thank Go... (Below threshold)

Normally I'd say, "Thank God I'm in Texas." I'm not sure how much longer that's going to matter though.




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