Federal Court Strikes Down California Firearm Magazine Ban

by: Illinois State Rifle Association

Chatsworth, IL - April 8, 2019 - (The Ponder News) -- The Illinois State Rifle Association is hailing the U.S. District Court for the Southern District of California decision striking down California’s ban on commonly owned firearm magazines.

Proposition 63 in California was passed by voters. One section of the measure banned the possession of firearm magazines that hold more than 10 rounds and Judge Roger T. Benitez ruled that section was a violation of the 2nd Amendment.

“We just recently learned we won the case against the firearm and magazine ban in Deerfield here in Illinois and now we have a ruling striking down the magazine ban in California,” said Richard Pearson, Executive Director of the Illinois State Rifle Association. “These are some major victories for the 2nd Amendment but the fight is far from over.”

Pearson said lawmakers in Illinois are pushing hard to implement firearm and magazine bans of their own. Senate Bill 107 would ban firearms with the capacity to hold magazines with 10 rounds or more.

“What happened in California is most definitely being tried here,” Pearson said. “Illinois lawmakers should take note of this ruling before enacting unconstitutional laws here.”

Bump Stocks

Washington, D.C. - October 9, 2017 - (The Ponder News) -- Executive Director of Gun Owners of America (GOA) Erich Pratt issued the following statement on GOA's position on bump stocks:

"Gun Owners of America opposes a ban on bump stocks. Bump stocks were approved by the ATF during the Obama administration to help gun owners with disabilities fire their weapons.  Any type of ban will be ignored by criminals and only serve to disarm honest citizens.  Perhaps that’s why 91 percent of police believe a so-called “assault weapons” ban will have no effect or a negative effect on crime.  And given that 95 percent of cops think that a ban on large capacity magazines would be ineffective in reducing violent crime, it’s hard to imagine they would regard bump stocks any differently.

It's sad to see some Republicans quickly call for a vote on gun control, while delaying a vote on concealed carry reciprocity, H.R. 38. This is bipartisan legislation which will protect concealed carriers while they travel and which has been cosponsored by 212 law makers. If law makers want a vote on bump stocks, they should vote on reciprocity as well."

Many have called the Illinois State Rifle Association office regarding “bump stocks” and other such devices.  These devices were approved by the BATFE under President Obama and Attorney General Holder.  It is the Illinois State Rifle Association’s suggestion that the BATFE review their ruling, open up a comment period and re-address their ruling.

In response to the senseless attack in Las Vegas, the Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms have issued the following statement:

“The Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms support a productive dialogue concerning “bump stocks,” National Concealed Carry Reciprocity and the proposed Hearing Protection Act.

“We recognize that banning firearms accessories is not a solution to violent crime.”

Federal Judge Denies Chicago Motion In SAF-Backed Gun Shop Case

Source: Illinois State Rifle Association



Bellevue, WA - September 3, 2017 (The Ponder News) -- A federal court judge in Illinois has denied a City of Chicago motion for summary judgment and refused to dismiss a case challenging a ban of firearms sales within city limits that is backed by the Second Amendment Foundation.

It is the latest in a string of court battles between Chicago and SAF, causing SAF founder and Executive Vice President Alan M. Gottlieb to observe, “We’ve already beat Chicago three times, in the McDonald case before the Supreme Court, and both Ezell 1 and Ezell 2 before the federal court of appeals. I’m reminded of the folk song by Peter, Paul and Mary that asked, ‘When will they ever learn’?”

The case involves a proposed gun shop called Second Amendment Arms (SAA), owned by R. Joseph Franzese, who submitted an application for a business license in July 2010. The city contends that the application was for an address in an area not zoned for commercial use, but Franzese argues that he was not advised about the zoning and that it had been advertised as commercial property. Besides, he contended that the city’s prohibition on gun sales “would have blocked (their) efforts no matter where (they) chose.”

“The City of Chicago under Rahm Emanuel is trying to be too clever by half,” Gottlieb said. “We would have thought by now that they would have ceased this pattern of spending tens of thousands of taxpayer dollars on stubborn litigation, but the city seems determined to be dragged kicking and screaming into compliance with the Second Amendment.

U.S. District Court Judge Robert M. Dow, Jr., set Sept. 28 as the next date to discuss damages for the plaintiff in this case, which is known as Second Amendment Arms v. City of Chicago.

“Since losing its gun ban fight in the Supreme Court’s 2010 McDonald ruling,” Gottlieb noted, “Chicago has been digging its heels in deeper and deeper, throwing every kind of legal roadblock it could in an effort to delay what seems inevitable. The city has got to follow the law and the constitution, and as long as they keep fighting, we’ll keep suing.

“That’s what winning firearms freedom one lawsuit at a time is all about,” he concluded.

The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.