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6/21/2017 8:25:40 PM
Posted: 7/9/2001 7:14:10 PM EDT
[Last Edit: 7/9/2001 7:31:17 PM EDT by Chaingun]
I placed this under the Legal section, where it belongs, but realize may don't visit that section. Comments are welcome. [url]http://www.ar15.com:/forums/topic.html?id=36178#lastPost[/url] [b]Introduction[/b] With the recent CSC ruling on the Roberti Roos "series" wording, Californians now have the right to legally import and own, among others, both the CAV-15 and the Fulton Arms rifles. To keep matters short, they are no longer RR rifles, without pistol grips they are not SB23 rifles, they do not fall under pistol laws, and therefore they are now legal to import. The final approval comes from the Cal-DOJ, which must first review current law, and since there are no laws preventing these rifles, must allow importation into the state. If they refuse the people's right to import a legal firearm, this is an infringement of our constitutional rights, and this is the basis for our class action lawsuit: The People vs. Cal-DOJ. Remember, we have heard repeatedly, that they are only attempting to block "AW"s and have allowed for the importation/sale of FAL style rifles, sans the pistol grip. Even if they stall until the AG adds these to the RR list, we would have had a legal window to purchase these rifles. [b]Infringement and Damages[/b] The have been cases when someone infringes on another's rights, and receives typically a felony with special circumstances. We could even argue this is an act of Treason against the people by the state, one of the original Federal laws. Since this becomes a civil case, an equivalent in monetary compensation must be determined. This is difficult, but something in the order of $100-200 Billion dollars sounds about right, since it is a state that violated the law. The people affected by this infringement would be anyone in California who ever considered owning an AR-15 type rifle. I would expect 10k, 100k, maybe 1 million people affected. A legal fund would be created and all interested parties give $20-50, which should ample funds to cover legal expenses. [b]The Legal Course[/b] Win or loose in the lower court, it will be appealled in the Cal SC where we have a good chance in winning. This in part due to their recent ruling that the "series" term must be dropped, and there are no laws preventing the importation of these rifles. If we loose in the Cal SC, the last step is the USSC, where again the infringement issue would be debated. [b]Conclusion[/b] This is a first stab at finding a legal means to combat the state's AW gun laws. Is this a feasible lawsuit, what can be added to improve this suite, or is it a NOGO?
Link Posted: 7/9/2001 7:22:34 PM EDT
[Last Edit: 7/9/2001 7:19:27 PM EDT by Imbroglio]
There are few ambulance chas...I mean lawyers on here that should take this pro bono.
Link Posted: 7/10/2001 8:21:36 PM EDT
Planning a class action suit? Have a lawyer yet? These cases can cost major bucks. I would hope the CRPA or NRA-ILA would help fund it.
Link Posted: 7/10/2001 8:48:35 PM EDT
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