Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: The NRA Intends to File Legal Challenge if Governor Brown Signs Unconstitutional Semi-Automatic Firearm Ban into Law

Tuesday, October 1, 2013

There are currently several gun control bills sitting on Governor Brown’s desk that he will either veto or allow to become law by October 13, 2013. Our Right to Keep and Bear Arms has never been as seriously threatened in California as it is today. After years of incrementally adopting gun control measures, this year the Legislature decided to propose new laws adopting everything on the gun ban lobby’s wish list. Many of those bills were successfully opposed by the NRA and died in the Legislature, but unfortunately some did not.

These bills pending before the governor include a ban on lead ammunition for hunting and a limit on how many handguns one can transfer in a year. California gun owners should review the NRA’s Action Alert to learn more about the bills and should contact the Governor to request vetoes of all these gun control bills.

Perhaps the worst of the worst of the lot is Senate Bill 374 (“SB 374"), which would make unprecedented changes to California’s already unjust and byzantine “assault weapon” law. Under current California law, these firearms can only be possessed if they are properly registered, can only be used for limited purposes, and, with few exceptions, cannot be transferred to anyone in the state. SB 374 would drastically expand the definition of “assault weapon” to include any “semi-automatic rifle that does not have a fixed magazine with the capacity to accept no more than ten rounds.” (Yes, that quote contains a double negative, and no, we have no idea what that means). The bill defines a fixed magazine as “an ammunition feeding device contained in, or permanently attached to, a firearm in such a manner that the device cannot be removed without disassembly of the firearm action.”

Under SB 374, all rifles meeting this description must be registered as “assault weapons” by July 1, 2015. It is practically impossible to know which firearms meet the new definition of “assault weapon,” however, as “disassembly of the firearm action” is undefined and nobody (least of all the legislators who voted for it) knows what it means, or for that matter even what a firearm “action” actually is.  Millions of semi-automatic rifles have magazines that can be removed with the push of a button, and, at a minimum, those will likely be considered “assault weapons” under SB 374.  That classification would include classic hunting rifles like the Remington Woodsmaster, Browning BAR, and the Ruger 99/44, among many others.

SB 374 will restrict the use and ban the transfer of millions of commonly owned and constitutionally protected semi-automatic, center-fire rifles, making those rifles completely unavailable to future gun owners. Possession of currently owned rifles meeting the new definition will remain legal, but only for those who register their firearms in time and limit their use of the firearms to the specific activities California permits. Those who don’t register and limit their use of those guns will become felons.

Unlike with previous registration requirements, there is no planned public education campaign to notify people about the new law and its mandates. So the tens of thousands of firearm owners who do not hear about or understand SB 374 are out of luck if found with an unregistered firearm that falls under the new definition of “assault weapon.” And even those who do register their firearms on time will be precluded from ever selling them or passing them down to their children or grandchildren.

By banning millions of the most common hunting, sporting, and self-defense rifles in existence, SB 374 is in direct conflict with the U.S. Supreme Court’s Heller decision.  In Heller, the Court made it clear that arms “typically possessed by law-abiding citizens for lawful purposes” or those “in common use” are constitutionally protected.

If SB 374 is signed by the Governor, the NRA intends to immediately file suit challenging this unconstitutional law.  To help with that effort, please consider making a donation to the NRA Legal Action Project here

This lawsuit would join previous NRA legal challenges in California such as our suit against AB 962, the “handgun ammunition” regulatory scheme passed in 2009 in the Parker v. California case; our suit against the California Department of Justice over SB 819, which authorized misuse of the fees firearms purchasers are required to pay in Bauer v. Harris; and our challenge to SB 140, which stole $24 million from the firearm-purchaser-fee account and gave it to DOJ for political projects. To learn more about additional actions the NRA’s legal team is taking on behalf of California gun owners, click here.

Second Amendment supporters should also be careful about supporting litigation efforts promised by other individuals and groups without access to the necessary funding, relationships, firearm experts and experienced lawyers on the NRA’s California and national legal teams. Our network of esteemed civil rights attorneys and scholars has the resources, skill and expertise to maximize the potential for victory, along with a track record of challenging anti-gun legislation with positive results.

Please donate to the NRA Legal Action Project today!

TRENDING NOW
Nancy Pelosi: Pro-Gun Voters Made an Impact

News  

Monday, November 18, 2024

Nancy Pelosi: Pro-Gun Voters Made an Impact

Congratulations NRA members and other pro-gun voters! Once again, our votes helped make the difference.

Make Crime Illegal Again

News  

Monday, November 18, 2024

Make Crime Illegal Again

While less prominent than the red sweep of the nation’s electoral map and the triumph of President Donald Trump, another telling development following the 2024 elections was the number of Californians in ultra-progressive strongholds who ...

Bloomberg’s Mayors, Back in the News!

News  

Monday, November 18, 2024

Bloomberg’s Mayors, Back in the News!

Just a few short weeks ago, we wrote about Michael Bloomberg’s controversy-dogged gun control organization, Mayors Against Illegal Guns (MAIG), and how another high-ranking member of the group had been indicted for allegedly committing serious ...

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Saturday, November 9, 2024

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Friday, November 15, 2024

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Today, NRA filed an amicus brief in the Supreme Court of the State of Washington in a challenge to Washington’s prohibition on magazines that hold over 10 rounds.

Kamala for Gun Confiscation: In Her Own Words

News  

Monday, September 16, 2024

Kamala for Gun Confiscation: In Her Own Words

During the September 10 presidential debate, President Donald Trump correctly highlighted Democratic presidential nominee Kamala Harris’s support for gun confiscation. A visibly defensive Harris claimed, “We're not taking anybody's guns away. So stop with the ...

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Friday, November 15, 2024

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Yesterday, the Senate Committee on Civil Rights, Judiciary, and Public Safety SB 857 and SB 858 with amendments and the bills will now be eligible for votes on the Senate floor. Please use the take action button below and ...

California: Governor Newsom Signs Multiple Anti-Gun Bills into Law

Friday, September 27, 2024

California: Governor Newsom Signs Multiple Anti-Gun Bills into Law

On September 24th, Governor Newsom continued his crusade to erode Second Amendment rights in California by signing several anti-gun bills into law. NRA actively opposed these bills throughout the session and will continue to fight ...

Grassroots Spotlight: North Carolina Grassroots

Take Action  

Monday, November 18, 2024

Grassroots Spotlight: North Carolina Grassroots

The North Carolina NRA-ILA Grassroots Team recently held an NRA “Day of Action” event to coincide with the start of early voting in the Tarheel State, and to encourage our Second Amendment community to “Get Out and Vote”!

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

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.