Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: The NRA Intends to File Legal Challenge if Governor Brown Signs Unconstitutional Semi-Automatic Firearm Ban into Law

Tuesday, October 1, 2013

There are currently several gun control bills sitting on Governor Brown’s desk that he will either veto or allow to become law by October 13, 2013. Our Right to Keep and Bear Arms has never been as seriously threatened in California as it is today. After years of incrementally adopting gun control measures, this year the Legislature decided to propose new laws adopting everything on the gun ban lobby’s wish list. Many of those bills were successfully opposed by the NRA and died in the Legislature, but unfortunately some did not.

These bills pending before the governor include a ban on lead ammunition for hunting and a limit on how many handguns one can transfer in a year. California gun owners should review the NRA’s Action Alert to learn more about the bills and should contact the Governor to request vetoes of all these gun control bills.

Perhaps the worst of the worst of the lot is Senate Bill 374 (“SB 374"), which would make unprecedented changes to California’s already unjust and byzantine “assault weapon” law. Under current California law, these firearms can only be possessed if they are properly registered, can only be used for limited purposes, and, with few exceptions, cannot be transferred to anyone in the state. SB 374 would drastically expand the definition of “assault weapon” to include any “semi-automatic rifle that does not have a fixed magazine with the capacity to accept no more than ten rounds.” (Yes, that quote contains a double negative, and no, we have no idea what that means). The bill defines a fixed magazine as “an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.”

Under SB 374, all rifles meeting this description must be registered as “assault weapons” by July 1, 2015. It is practically impossible to know which firearms meet the new definition of “assault weapon,” however, as “disassembly of the firearm action” is undefined and nobody (least of all the legislators who voted for it) knows what it means, or for that matter even what a firearm “action” actually is.  Millions of semi-automatic rifles have magazines that can be removed with the push of a button, and, at a minimum, those will likely be considered “assault weapons” under SB 374.  That classification would include classic hunting rifles like the Remington Woodsmaster, Browning BAR, and the Ruger 99/44, among many others.

SB 374 will restrict the use and ban the transfer of millions of commonly owned and constitutionally protected semi-automatic, center-fire rifles, making those rifles completely unavailable to future gun owners. Possession of currently owned rifles meeting the new definition will remain legal, but only for those who register their firearms in time and limit their use of the firearms to the specific activities California permits. Those who don’t register and limit their use of those guns will become felons.

Unlike with previous registration requirements, there is no planned public education campaign to notify people about the new law and its mandates. So the tens of thousands of firearm owners who do not hear about or understand SB 374 are out of luck if found with an unregistered firearm that falls under the new definition of “assault weapon.” And even those who do register their firearms on time will be precluded from ever selling them or passing them down to their children or grandchildren.

By banning millions of the most common hunting, sporting, and self-defense rifles in existence, SB 374 is in direct conflict with the U.S. Supreme Court’s Heller decision.  In Heller, the Court made it clear that arms “typically possessed by law-abiding citizens for lawful purposes” or those “in common use” are constitutionally protected.

If SB 374 is signed by the Governor, the NRA intends to immediately file suit challenging this unconstitutional law.  To help with that effort, please consider making a donation to the NRA Legal Action Project here

This lawsuit would join previous NRA legal challenges in California such as our suit against AB 962, the “handgun ammunition” regulatory scheme passed in 2009 in the Parker v. California case; our suit against the California Department of Justice over SB 819, which authorized misuse of the fees firearms purchasers are required to pay in Bauer v. Harris; and our challenge to SB 140, which stole $24 million from the firearm-purchaser-fee account and gave it to DOJ for political projects. To learn more about additional actions the NRA’s legal team is taking on behalf of California gun owners, click here.

Second Amendment supporters should also be careful about supporting litigation efforts promised by other individuals and groups without access to the necessary funding, relationships, firearm experts and experienced lawyers on the NRA’s California and national legal teams. Our network of esteemed civil rights attorneys and scholars has the resources, skill and expertise to maximize the potential for victory, along with a track record of challenging anti-gun legislation with positive results.

Please donate to the NRA Legal Action Project today!

TRENDING NOW
Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

Tennessee: Governor Lee Signs Legislation Protecting Financial Privacy of Gun Owners

Wednesday, April 24, 2024

Tennessee: Governor Lee Signs Legislation Protecting Financial Privacy of Gun Owners

Yesterday, Governor Bill Lee signed SB 2223/HB 2762, legislation that provides important financial privacy protections for gun owners when purchasing firearms, firearm parts, and ammunition. NRA would like to thank Governor Lee for signing this critical piece ...

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

Colorado: Mandatory Vehicle Storage and Training Requirements On The Move!

Tuesday, April 23, 2024

Colorado: Mandatory Vehicle Storage and Training Requirements On The Move!

On Monday, April 22nd, the Colorado Senate passed two anti-gun bills, HB 24-1348 (mandatory vehicle storage) and HB 24-1174 (increased training requirements for concealed carry permits).

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.