Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

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

TRENDING NOW
Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

Second Amendment  

Friday, May 19, 2017

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

The Supreme Court of North Dakota confirmed this week that simply possessing a handgun while on one’s own private property cannot support a finding of "disorderly conduct" under the state’s disorderly conduct restraining order law. ...

Illinois: House Committee Passes Bill to Close Local Gun Dealers

Tuesday, May 16, 2017

Illinois: House Committee Passes Bill to Close Local Gun Dealers

The House Judiciary Committee passed Senate Bill 1657 by a 7-6 vote.

Washington: NRA Files Amicus Brief in Challenge to Kitsap County Anti-Gun Ordinance

Monday, May 22, 2017

Washington: NRA Files Amicus Brief in Challenge to Kitsap County Anti-Gun Ordinance

Last week, attorneys on behalf of the NRA filed an amicus brief in Kitsap County v. Kitsap Rifle and Revolver Club (Kitsap II), the case which challenges Kitsap County’s firearm discharge ban and range licensing scheme.  Kitsap Rifle and ...

Maryland: Governor Hogan Signs Apprentice Hunting Legislation into Law

Thursday, May 4, 2017

Maryland: Governor Hogan Signs Apprentice Hunting Legislation into Law

Today, Maryland Governor Larry Hogan signed House Bill 1427 into law.

Nevada: Governor Sandoval Signs AB 118!

Monday, May 22, 2017

Nevada: Governor Sandoval Signs AB 118!

Today, May 22, Governor Brian Sandoval signed important pro-gun legislation, Assembly Bill 118, into law.  AB 118, sponsored by Assemblyman Skip Daly, will allow members of the military and those who have received an honorable ...

California: AB 424 Passes Assembly - Appropriations Committees to Consider Suspense Items

Tuesday, May 23, 2017

California: AB 424 Passes Assembly - Appropriations Committees to Consider Suspense Items

Friday, May 26th is the deadline for the fiscal committees to pass bills to the floor from the chamber of origin.  On Thursday, May 25, the Senate AppropriationsCommittee is scheduled to consider Senate Bill 464 and Senate Bill 497. ...

Kansas: Senate Committee Passes Gun Free Zone Legislation, Again

Tuesday, May 23, 2017

Kansas: Senate Committee Passes Gun Free Zone Legislation, Again

Last week, the Senate Committee of the Whole referred an amended version of House Bill 2278 back to the Senate Ways and Means Committee.

Abbott Signs Senate Bill 16, Bringing Texas License To Carry Fees Down to Among Lowest in Nation

News  

Thursday, May 25, 2017

Abbott Signs Senate Bill 16, Bringing Texas License To Carry Fees Down to Among Lowest in Nation

The National Rifle Association Institute for Legislative Action (NRA-ILA) today applauded Texas Gov. Greg Abbott for signing into law NRA-backed legislation that will make license to carry fees in Texas among the lowest in the ...

California: Don’t Miss our May 25th Webinar to Discuss the Newest DOJ Draft “Assault Weapons” Regulations

Wednesday, May 24, 2017

California: Don’t Miss our May 25th Webinar to Discuss the Newest DOJ Draft “Assault Weapons” Regulations

Tomorrow, Thursday, May 25, at 12:00 pm (PT), NRA’s legal team will be hosting a free webinar to discuss the recently submitted “assault weapon” regulations.   

Illinois: Last Chance to Save your Local Gun Dealer!

Tuesday, May 2, 2017

Illinois: Last Chance to Save your Local Gun Dealer!

The Illinois House of Representatives may consider Senate Bill 1657, legislation that could put your local gun dealer out of business, at any time! It is imperative that you contact your state Representative IMMEDIATELY and ...

MORE TRENDING +
LESS TRENDING -
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.