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Thursday, 12/27/2018 7:16:46 PM

Thursday, December 27, 2018 7:16:46 PM

Post# of 41150
Second Amendment Group Hits California With Lawsuit For Unconstitutional Laws

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https://www.teaparty.org/second-amendment-group-hits-california-lawsuit-unconstitutional-laws-338661/

(TeaParty.org) – A Second Amendment group is hitting the state of California with a lawsuit amid cases involving store signage, gun registration, waiting periods, vagueries on gun laws, bans on weapons of a certain size, handguns, assault weapons, and others.

The Second Amendment Foundation along with Firearms Policy Foundation, Firearms Policy Coalition, the Madison Society Foundation, and the Calguns Foundation are supporting plaintiffs Paul McKinley Stewart and Chad Linton.

The individuals contend that non-violent felony conviction from other states many years ago have been either set aside or vacated, but California still refuses to allow them to purchase firearms.

The complaint has been filed with the U.S. District Court for the Northern District of California, and the named defendants are California Attorney General Xavier Becerra; Martin Horan, the director of the state Department of Justice, Bureau of Firearms; and Deputy Attorney General Robert Wilson.

“SAF took an interest in this case for the specific reason that California once again is trying to prevent or disqualify as many citizens as possible from exercising their Second Amendment rights,” Alan M. Gottlieb, founder of SAF, says. “There doesn’t appear to be any other reason for the state to not recognize rights restorations to either Linton or Stewart even though their rights have been restored by courts in Arizona and Washington.”

California “doesn’t get to pick and choose which judgments of other states it will honor, and which it will ignore because it doesn’t approve of firearms ownership,” says George M. Lee, a lawyer for one of the defendants.

“Granting full faith and credit to other court judgments is part of the bargain of being one of these United States.”

Both plaintiffs were cleared of prior convictions years ago by state courts, and have been demonstratively good citizens during their time as residents in California, SAF says.

“This is just another example of California’s animosity toward the Second Amendment,” Gottlieb explains.

A federal judge ruled in September that a section of the California Penal Code that prohibits displays of handguns, or handgun placards that may be seen from outside a store was unconstitutional.

The SAF counted this a victory at the time.

A state “cannot legislate political correctness at the expense of a fundamental, constitutionally delineated civil right. We were delighted to offer financial support to this case,” Gottlieb said.

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