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ANOTHER LAWSUIT FILED CHALLENGING BAN ON SHIPPING AMMUNITION INTO CALIFORNIA

Thursday, July 29, 2010

Alleges AB962 Pre-empted by Federal Laws that Regulate Interstate Shipping

The National Rifle Association (NRA) today joined the Calguns Foundation, the Owner-Operator Independent Drivers Association (the largest trucker’s trade association), the Folsom Shooting Club, and two individual truckers in a lawsuit challenging California’s soon-to-be-implemented law banning most shipments of handgun ammunition into California.  The case is OOIDA v. Lindley.  A copy of the Complaint is available at www.calgunlaws.com

Assembly Bill 962 was signed into law last year.  Starting in February 2011, the law will criminalize the delivery and transfer of handgun ammunition not done in face-to-face transactions.  The law provides only a few exceptions to this shipping ban, and requires shipping companies to bear the burden of determining whether the recipient of a package containing handgun ammunition is covered by one of the exceptions before delivering the package.  This will make shipping ammunition to California much more difficult, complicated, and expensive.

California firearm retailers, ranges, clubs, and owners, as well as hunters, depend on the efficient and inexpensive movement of ammunition by carrier into California.  In February 2008, a unanimous United States Supreme Court struck down Maine’s directly analogous law regarding the delivery of cigarettes to Maine in Rowe v. New Hampshire Motor TransportRowe made clear that a state cannot interfere with a carrier’s rates, routes, or services, because Congress made an important decision to protect common carriers from a patchwork of state and local regulations burdening interstate commerce when it enacted the Federal Aviation Administration Authorization Act (FAAAA).  The FAAAA specifically prohibits state and local governments from interfering with common carriers’ rates, routes, or services. 

The new lawsuit, filed today in Sacramento’s United States District Court, Eastern District of California, alleges that the ammo shipment ban is similarly burdensome and preempted by the FAAAA.  Plaintiffs will soon be seeking an injunction to block the shipping portions of the law from taking effect.  This lawsuit follows a separate suit brought by Tehama County Sheriff Clay Parker and the California Rifle and Pistol Association (CRPA).

NRA’s involvement in the lawsuit is part of a California litigation strategy being implemented by the NRA and CRPA Foundation through their Legal Action Project (LAP).  LAP is a joint venture between the NRA and CRPA Foundation to advance the rights of firearms owners in California.  CRPA Foundation has pledged amicus support to the OOIDA suit.

Through LAP, NRA/CRPA attorneys fight against ill-conceived gun control laws and ordinances, and educate state and local officials about available programs that are effective in reducing accidents and violence without infringing on the rights of law-abiding gun owners. To see a partial list of the Legal Action Project’s recent lawsuits and accomplishments, visit www.crpafoundation.org. To contribute to the NRA/CRPAF Legal Action Project, visit www.nraila.org or www.crpafoundation.org

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Saturday, April 21, 2018

Florida Alert: YETI Drops NRA Foundation

For years YETI Coolers have been a hot item for sportsmen at the Friends of NRA Foundation Banquet and Auction events around the country.  Suddenly, without prior notice, YETI has declined to do business with The ...

News  

Tuesday, April 24, 2018

ALERT ! YETI Adds Insult to Injury

If it wasn’t bad enough that YETI dropped The NRA Foundation as a client, now they’re calling us liars because we informed our members and friends of their actions.  

Dick’s Sporting Goods/Field & Stream to Destroy Firearms Inventory

News  

Second Amendment  

Friday, April 20, 2018

Dick’s Sporting Goods/Field & Stream to Destroy Firearms Inventory

Dick’s Sporting Goods took their campaign to alienate law-abiding gun owners to an extraordinary new level last week. The beleaguered retailer announced that in addition to removing certain types of semi-automatic rifles from their stores, the company ...

NRA Statement on Passage of the National Defense Authorization Act

News  

Tuesday, December 12, 2017

NRA Statement on Passage of the National Defense Authorization Act

National Rifle Association Institute for Legislative Action executive director, Chris W. Cox, released the following statement on Tuesday regarding President Donald Trump's signature on the National Defense Authorization Act

California: Legislation Requiring Background Checks on Barrels and Other Parts Up For Hearing!

Sunday, April 22, 2018

California: Legislation Requiring Background Checks on Barrels and Other Parts Up For Hearing!

Several pro- and anti-gun bills are scheduled to be heard in their respective committees on Monday, April 23 and Tuesday, April 24.  Please contact the members of the respective committee and urge them to SUPPORT ...

Another Group of Anti-Gun Celebrities Forms!  In Other News, The Sun Rose Today.

News  

Second Amendment  

Friday, April 20, 2018

Another Group of Anti-Gun Celebrities Forms! In Other News, The Sun Rose Today.

In case you were worried there were not enough anti-gun organizations working to eradicate the rights of law-abiding gun owners, a new one has formed, and it’s called NoRA.  Get it?  The name implies that the ...

Keep Calm and Carry On: Pro-Gun Sentiment Reasserts Itself in Wake of Antigun Blitz

News  

Second Amendment  

Friday, April 20, 2018

Keep Calm and Carry On: Pro-Gun Sentiment Reasserts Itself in Wake of Antigun Blitz

Like the long-delayed coming of spring to the Mid-Atlantic, evidence is appearing that Americans are regaining their senses and reverting to an instinctual embrace of freedom after a withering barrage of some the nastiest and most ugly ...

Illinois: Senate to Consider Overriding Veto on Dealer Licensing Bills

Monday, April 23, 2018

Illinois: Senate to Consider Overriding Veto on Dealer Licensing Bills

With the April 25th deadline approaching, the Illinois state Senate is expected soon to consider overriding Gov. Bruce Rauner’s veto on legislation that would drive your local gun stores out of business with onerous red tape ...

Delaware: Mandatory Gun Storage Legislation to be Heard in Committee Today

Wednesday, April 25, 2018

Delaware: Mandatory Gun Storage Legislation to be Heard in Committee Today

Today, the House Judiciary Committee is scheduled to consider anti-gun House Bill 366.

Minnesota: Two Anti-Gun Amendments to be Introduced and Considered Tomorrow

Wednesday, April 25, 2018

Minnesota: Two Anti-Gun Amendments to be Introduced and Considered Tomorrow

Tomorrow, anti-gun state Senator Ron Latz is expected to introduce two gun control amendments to the Senate Judiciary Omnibus finance bill on the Senate floor.

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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.