COURT GRANTS NRA / CRPA FOUNDATION  MOTION,  INVALIDATES UNCONSTITUTIONAL AMMUNITION REGULATION STATUTE THAT WOULD HAVE BANNED MAIL ORDER AMMO SALES & REQUIRED AMMO SALES REGISTRATION

In a dramatic ruling giving gun owners a win in an National Rifle Association / California Rifle and Pistol (CRPA) Foundation lawsuit, this morning Fresno Superior Court Judge Jeffrey Hamilton ruled that AB 962, the hotly contested statute that would have banned mail order ammunition sales and required all purchases of so called “handgun ammunition” to be registered, was unconstitutionally vague on its face. The Court enjoined enforcement of the statute, so mail order ammunition sales to California can continue unabated, and ammunition sales need not be registered under the law.

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Although the case is still pending and a final ruling is yet to be issued, NRA's intervention on behalf of its members in the case Center for Biological Diversity v. U.S. Bureau of Land Management, et al., has already resulted in several legal victories.                       

CBD’s lawsuit, filed on January 27, 2009, alleges that the Bureau of Land Management (BLM) and the Fish and Wildlife Service (FWS) are illegally mismanaging federal lands in Arizona.  CBD contends California condors in Arizona and elsewhere are becoming ill or dying as a result of scavenging game that was shot by hunters using lead shot or bullets.  NRA has collected thousands of documents via public records act requests over the last year.  Many of these documents raise doubts about the veracity of that claim.  In fact, documents obtained by NRA indicate that claim is based on faulty science, and plainly show that California condors were reintroduced to Arizona based in large part on express promises by FWS and other agencies that the “reintroduction” would not impact hunting.

On January 7, 2011, the California Rifle and Pistol Association Foundation (CRPAF) filed a Reply brief and supporting materials for Plaintiffs’ Motion for Summary Judgment and trial brief in their case challenging AB 962. A trial is set for January 18, 2011 - just days before the portion of the law that bans mail order sales of “handgun ammunition” is set to take effect on February 1, 2011. The lawsuit, Parker v. California is funded exclusively by the NRA and the CRPA Foundation.  It seeks a court order declaring the statutes enacted by AB 962, which impose burdensome and ill conceived restrictions on the sales of ammunition, to be  unconstitutional, and seeks injunctive relief prohibiting police from enforcing the new laws.