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
Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

News  

Friday, September 7, 2018

Levi’s Teams with Billionaire Michael Bloomberg to Attack Gun Rights

Levi Strauss & Co. established its brand in the mid-19th century by selling durable clothing to working-class Americans. As Levi’s signature jeans gained popularity amongst a wider set in the middle of the last century, ...

Who’s BS’ing Now? Gonzalez Argues for Gun Confiscation but Insists She’s “Pro Second Amendment”

News  

Friday, October 12, 2018

Who’s BS’ing Now? Gonzalez Argues for Gun Confiscation but Insists She’s “Pro Second Amendment”

Gun control advocates are constantly looking for the right messenger to push an agenda that boils down to law-abiding Americans giving up their freedoms, their security, and their property without expectation of affecting the behavior ...

Jamie Lee Curtis “Proves” She is Not Anti-gun by Stating her Support for Banning Guns?!?!

News  

Friday, October 12, 2018

Jamie Lee Curtis “Proves” She is Not Anti-gun by Stating her Support for Banning Guns?!?!

Actors and actresses should generally stick to what they know best; repeating the lines others have written for them. Jamie Lee Curtis recently decided to try to explain, in her own words, how much she ...

Round Two: Gun Rights Groups Prevail (Again) in Second Challenge to Firearm Restrictions in Delaware’s State Parks, Forests

News  

Gun Laws  

Friday, October 12, 2018

Round Two: Gun Rights Groups Prevail (Again) in Second Challenge to Firearm Restrictions in Delaware’s State Parks, Forests

Gun rights groups, including the NRA’s Delaware affiliate, the Delaware State Sportsmen’s Association, scored an encore legal victory this week when the Superior Court of the State of Delaware invalidated parts of newly promulgated regulations ...

Senator from Tennessee or Times Square? Bloomberg Hosts Manhattan Fundraiser for Phil Bredesen

News  

Thursday, October 11, 2018

Senator from Tennessee or Times Square? Bloomberg Hosts Manhattan Fundraiser for Phil Bredesen

Is Phil Bredesen running for U.S. Senate to represent Memphis or Manhattan? Rocky Top or Rockefeller Center? Appalachia or the Big Apple? Tennessee voters might wonder after billionaire gun control financier and former-New York City ...

Politics over Data: The Rhode Island Working Group

News  

Friday, October 12, 2018

Politics over Data: The Rhode Island Working Group

Rhode Island Governor Gina Raimondo convened a task force focused on “gun safety” last April, comprised predominantly of members drawn from “the judiciary, the Attorney General’s Office, state and local law enforcement agencies, gun violence prevention ...

Bloomberg Finds Home in Today’s Democratic Party

News  

Friday, October 12, 2018

Bloomberg Finds Home in Today’s Democratic Party

In what observers have pegged as a preparatory step for a presidential run in 2020, on October 10 billionaire gun control financier and former-New York City Mayor Michael Bloomberg registered as a Democrat. Bloomberg ran as ...

Anti-gun Researcher Refutes His Own Anti-gun Conclusion

News  

Friday, October 5, 2018

Anti-gun Researcher Refutes His Own Anti-gun Conclusion

Doctor Garen Wintemute’s latest contribution to “the prevention of firearm violence” comes in the form of a Perspective column published in the New England Journal of Medicine. Wintemute, you may recall, is the Director of ...

Don’t Let Your State’s Governor Mansion Become a Gun-Free Home

News  

Wednesday, October 10, 2018

Don’t Let Your State’s Governor Mansion Become a Gun-Free Home

While Congressional elections will likely get the lion’s share of media coverage leading up to November 6, gun owners know that threats to our Right to Keep and Bear Arms do not only emanate from ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

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.