CRPAF AB 962 LAWSUIT UPDATE: CRPA FOUNDATION WITHDRAWS MOTION FOR PRELIMINARY INJUNCTION / NEGOTIATES EXPEDITED BRIEFING SCHEDULE FOR MSJ AND TRIAL

On June 17, 2010, the CRPA Foundation (funded by the NRA and CRPA) filed a lawsuit in Fresno Superior Court challenging the ammunition regulation statutes enacted by Assemblyman Kevin de Leon’s Assembly Bill (AB) 962 from the 2009 legislative session. The suit, Sheriff Clay Parker vs. State of California , challenges AB 962’s requirement that “handgun ammunition” be stored out of the reach of customers, its ammunition sales registration and fingerprinting requirements, and its face-to-face requirement for all deliveries and transfers of ownership of “handgun ammunition.” The lawsuit primarily alleges that the mandates of AB 962 are incomprehensible, and that the law’s definition of “handgun ammunition” is unconstitutionally vague. Copies of the filings in in Parker v. California can now be viewed at http://www.calgunlaws.com/index.php/…op-ab-962.html . On November 17, 2010, the Foundation’s lawyers at Michel & Associates, P.C. in Long Beach appeared in Fresno court for the Plaintiffs on their hearing for a Motion for Preliminary Injunction and related case management and scheduling conferences. During the hearing, the Court expressed concerns over the amount of “irreparable harm” to plaintiffs if an injunction was not issued at this stage, and whether that harm couldn’t simply be “repaired” with money damages. The Court encouraged the parties to focus on the underlying substantive issue, and to reach agreement on how to expedite a decision on the merits prior to the effective date of February 1st for the major components of AB 962. In doing so, the court noted that although trials are now being set for 2012, the Court would grant the plaintiffs a rare trial setting preference. The Court then assisted the parties in negotiating a briefing schedule for an unusual and extremely expedited joint Motion for Summary Judgment/Trial by brief.

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CRPAF AB 962 LAWSUIT UPDATE: CRPA FOUNDATION WITHDRAWS MOTION FOR PRELIMINARY INJUNCTION / NEGOTIATES EXPEDITED BRIEFING SCHEDULE FOR MSJ AND TRIAL