Comments on: Californicated! http://www.pagunblog.com/2009/10/12/californicated/ The right of the citizens to bear arms in defense of themselves and the State ... Fri, 10 Feb 2012 05:54:30 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: DirtCrashr http://www.pagunblog.com/2009/10/12/californicated/#comment-51319 DirtCrashr Wed, 14 Oct 2009 17:50:42 +0000 http://www.snowflakesinhell.com/?p=13501#comment-51319 To own a pistol in CA does NOT require a pistol permit. You DO have to get a stupid thing called a Handgun Safety Certificate in order to <i>purchase</i> a handgun. It has a five-year expiry date and shows you have taken a stupid multiple choice test about the many fruity and obscure CA gun- and safe-storage laws - but when it lapses your ownership of the gun does not become illegal. You fill out the same BATF form as anybody else in any other State when you purchase a handgun or a rifle - if that's what you call registration. If it wasn't for Easterners who moved here to go to College at Berkeley and UCLA, CA, would be free like Texas - but Texas was already its own Country before it joined The Union, so it had a culture of it's own. We had a bunch of golddiggers who'd shoot you in the back - who all came from Back East... Anyhow this thing cannot pass muster and will die stillborn. As written it specifically attempts to regulates the <i>routes and services of Common Carriers</i> - which is already <b>preempted</b> by Federal statutes in more than a few indicies. The Supreme Court already unanimously ruled that laws that regulate delivery by Common Carriers are preempted. It's a going to die - but it's also going to provide more and stronger good case-law holes in the anti-gun laws that it undermines. The preparation for this has been in the works for a while. You guys do know that CA has been a hotbed of AR building activity lately, don't you? To own a pistol in CA does NOT require a pistol permit.
You DO have to get a stupid thing called a Handgun Safety Certificate in order to purchase a handgun.
It has a five-year expiry date and shows you have taken a stupid multiple choice test about the many fruity and obscure CA gun- and safe-storage laws – but when it lapses your ownership of the gun does not become illegal.
You fill out the same BATF form as anybody else in any other State when you purchase a handgun or a rifle – if that’s what you call registration.
If it wasn’t for Easterners who moved here to go to College at Berkeley and UCLA, CA, would be free like Texas – but Texas was already its own Country before it joined The Union, so it had a culture of it’s own. We had a bunch of golddiggers who’d shoot you in the back – who all came from Back East…

Anyhow this thing cannot pass muster and will die stillborn. As written it specifically attempts to regulates the routes and services of Common Carriers – which is already preempted by Federal statutes in more than a few indicies. The Supreme Court already unanimously ruled that laws that regulate delivery by Common Carriers are preempted.
It’s a going to die – but it’s also going to provide more and stronger good case-law holes in the anti-gun laws that it undermines. The preparation for this has been in the works for a while.
You guys do know that CA has been a hotbed of AR building activity lately, don’t you?

]]> By: Ian Argent http://www.pagunblog.com/2009/10/12/californicated/#comment-51269 Ian Argent Wed, 14 Oct 2009 01:45:29 +0000 http://www.snowflakesinhell.com/?p=13501#comment-51269 I wonder if they asked NJ how well their ammo purchase registry worked? (Admittedly, we don't have the ban on out-of-state purchase, nor the fingerprint requirement). I currently can't buy handgun ammo in-state because I still haven't gotten my ticket back after moving... I wonder if they asked NJ how well their ammo purchase registry worked? (Admittedly, we don’t have the ban on out-of-state purchase, nor the fingerprint requirement).

I currently can’t buy handgun ammo in-state because I still haven’t gotten my ticket back after moving…

]]> By: Kim du Toit http://www.pagunblog.com/2009/10/12/californicated/#comment-51213 Kim du Toit Tue, 13 Oct 2009 17:22:22 +0000 http://www.snowflakesinhell.com/?p=13501#comment-51213 Well, to own a pistol in CA, as I recall, you have to have a pistol permit anyway, so ordinary gun owners will be somewhat inconvenienced. Just wait until the records are combined in a huge ammo buyers' database, and then purchase quantities of pistol ammo become limited to x rounds per year. If it wasn't for geography, California could easily be part of Europe. Well, to own a pistol in CA, as I recall, you have to have a pistol permit anyway, so ordinary gun owners will be somewhat inconvenienced.

Just wait until the records are combined in a huge ammo buyers’ database, and then purchase quantities of pistol ammo become limited to x rounds per year.

If it wasn’t for geography, California could easily be part of Europe.

]]> By: Ian Argent http://www.pagunblog.com/2009/10/12/californicated/#comment-51176 Ian Argent Tue, 13 Oct 2009 12:27:20 +0000 http://www.snowflakesinhell.com/?p=13501#comment-51176 Has Congress authorized it in this case? Has Congress authorized it in this case?

]]> By: Xrlq http://www.pagunblog.com/2009/10/12/californicated/#comment-51159 Xrlq Tue, 13 Oct 2009 02:35:15 +0000 http://www.snowflakesinhell.com/?p=13501#comment-51159 No, it only requires federal regulation. The Commerce Clause provides that Congress may regulate interstate commerce. The dormant commerce clause - the theory that any state law that unduly burdens interstate commerce is unconstitutional - depends on Congress not having authorized the challenged state law. If they've authorized it, there is no Commerce Clause issue. No, it only requires federal regulation. The Commerce Clause provides that Congress may regulate interstate commerce. The dormant commerce clause – the theory that any state law that unduly burdens interstate commerce is unconstitutional – depends on Congress not having authorized the challenged state law. If they’ve authorized it, there is no Commerce Clause issue.

]]> By: Ian Argent http://www.pagunblog.com/2009/10/12/californicated/#comment-51152 Ian Argent Tue, 13 Oct 2009 02:13:52 +0000 http://www.snowflakesinhell.com/?p=13501#comment-51152 Funny - I was reasonably sure that it was up to the Feds to regulate interstate commerce. (It required the 21st Amendment o allow states to prohibit crossborder importantion). Funny – I was reasonably sure that it was up to the Feds to regulate interstate commerce. (It required the 21st Amendment o allow states to prohibit crossborder importantion).

]]> By: Xrlq http://www.pagunblog.com/2009/10/12/californicated/#comment-51150 Xrlq Tue, 13 Oct 2009 02:02:13 +0000 http://www.snowflakesinhell.com/?p=13501#comment-51150 <blockquote>Really? There are fruit checkpoints in California?</blockquote> Yup, ever since the Medfly scare during the (previous?) Moonbeam Administration.

Really? There are fruit checkpoints in California?

Yup, ever since the Medfly scare during the (previous?) Moonbeam Administration.

]]> By: BC http://www.pagunblog.com/2009/10/12/californicated/#comment-51102 BC Mon, 12 Oct 2009 19:27:05 +0000 http://www.snowflakesinhell.com/?p=13501#comment-51102 Anyway, as far as lawsuits go, I can't see one succeeding. California has no state constitutional right-to-arms provision, and I'm pretty sure the Ninth Circus would decide that this is the kind of presumptively-constitutional regulation of firearms transactions that <i>Heller</i> authorizes. Anyway, as far as lawsuits go, I can’t see one succeeding. California has no state constitutional right-to-arms provision, and I’m pretty sure the Ninth Circus would decide that this is the kind of presumptively-constitutional regulation of firearms transactions that Heller authorizes.

]]> By: Sebastian http://www.pagunblog.com/2009/10/12/californicated/#comment-51097 Sebastian Mon, 12 Oct 2009 19:17:54 +0000 http://www.snowflakesinhell.com/?p=13501#comment-51097 Oh man... I guess I wasn't thinking crazy enough. Oh man… I guess I wasn’t thinking crazy enough.

]]> By: BC http://www.pagunblog.com/2009/10/12/californicated/#comment-51093 BC Mon, 12 Oct 2009 19:09:22 +0000 http://www.snowflakesinhell.com/?p=13501#comment-51093 C'mon, Sebastian -- aren't you past the point where the insanity of the California state government surprises you? :) C’mon, Sebastian — aren’t you past the point where the insanity of the California state government surprises you? :)

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