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Old 02-01-2012, 07:11 AM
BallTurret BallTurret is offline
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Default AB 962 on Cal DOJ Site?

I was perusing the California Dept. of Justice - Office of the Attorney General web site and came across the 2009 New and Amended California Firearms Legislation page. As I started to read legislation posted on this site, I came across AB 962 that defines the sale, transfer and ownership of ammunition... Now correct me if I'm wrong, but wasn't this legislation struck down by a superior court judge??? If so, why is AB 962 showing as being in effect. Below is the link to the site:

2009 New and Amended California Firearms Legislation | State of California - Department of Justice - Kamala D. Harris Attorney General
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Old 02-01-2012, 07:39 AM
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Probably because that's a 2009 document, and the law was struck down in 2011? The case was Parker v. California.
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Old 02-01-2012, 07:40 AM
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Ruled unconstitutional in January of 2011:

"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."

BREAKING NEWS: California Court Rules Ammunition Ban AB962 Unconstitutional | The Shooter's Log

The bill still resides on the DOJ site, but it has not been codified into law, never will be. There WILL be new bills though. Guaranteed.
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Old 02-01-2012, 07:52 AM
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Quote:
Originally Posted by IDNTWN2 View Post
The bill still resides on the DOJ site, but it has not been codified into law, never will be. There WILL be new bills though. Guaranteed.
It actually *is* in the penal code already, section 30345-30365 and 30312. No idea why it hasn't been cleaned out yet, probably the slow wheels of justice turning...
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Old 02-01-2012, 11:36 AM
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Quote:
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It actually *is* in the penal code already, section 30345-30365 and 30312. No idea why it hasn't been cleaned out yet, probably the slow wheels of justice turning...
Even though its enrolled in the Penal Code its still null and void via the Judiciary. The Penal Code is riddled with sections of stricken codes. The only way they can be physically removed is by the legislature - which they rarely do.
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Old 02-01-2012, 01:04 PM
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they sure wasted no time in upgrading their website format though.
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Old 02-01-2012, 01:10 PM
BallTurret BallTurret is offline
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Thanks for everyone's response... One would think that this being a site for Cali law, it would be maintained to a more current standard.
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Old 02-01-2012, 01:19 PM
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Quote:
Originally Posted by BallTurret View Post
Thanks for everyone's response... One would think that this being a site for Cali law, it would be maintained to a more current standard.
You said it all "this being a site for Cali law"
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Old 02-01-2012, 03:56 PM
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Not when you consider who the Attorney General is . . .
Remember she came from San Francisco . . . . I would not put it past her to leave it there just for the confusion it can cause to the average lay person seeking information.
Kamala D. Harris is no friend of any gun rights to anyone except those she wishes to choose.
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Old 02-01-2012, 05:20 PM
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Quote:
Originally Posted by libertarian View Post
It actually *is* in the penal code already, section 30345-30365 and 30312. No idea why it hasn't been cleaned out yet, probably the slow wheels of justice turning...
Ill be darned. Did not know that.
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Old 02-02-2012, 06:50 AM
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Quote:
Originally Posted by David2531 View Post
You said it all "this being a site for Cali law"
Sorry...I let common sense get the best of me.
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Old 02-02-2012, 06:53 AM
BallTurret BallTurret is offline
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Quote:
Originally Posted by NorCalChuck View Post
Not when you consider who the Attorney General is . . .
Remember she came from San Francisco . . . . I would not put it past her to leave it there just for the confusion it can cause to the average lay person seeking information.Kamala D. Harris is no friend of any gun rights to anyone except those she wishes to choose.
This was my first thought... Nothing like 'control' with deception.
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Old 04-02-2012, 09:54 AM
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The case is still alive in the Courts, the DOJ is appealing the Judges decision.
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