Please post and cross post:
Came down today:
HARROTT v. COUNTY OF KINGS, No S055064 (Cal. June 28, 2001)
California Supreme Court today held that under the Roberti-Roos Assault
Weapons Control Act of 1989, a superior court does not have the authority to
declare a rifle to be an "AK series" assault weapon (AK or AR) when the
Attorney General has neither identified it as such in the Assault Weapon
Identification Guide nor included it in the list of "assault weapons"
published in the California Code of Regulations. They have to name it
specifically for it to be one. That's the good news.
Too bad it wasn't obvious to prosecutors that this was the law since 1989.
Lots of innocent and unaware people could have been spared criminal charges
and/or jail sentences.
The AG can, however, add AK and AR series guns (only) without going through
the judicial add-on process. Effectively, this shifts the burden of proof
from the AG to the owner/manufacturer/importer to challenge a gun's
designation as an AK or AR series firearm.
For all guns except AR and AK series, the AG must go to court and use the
judicial add-on procedure. (Not sure why he would given SB 23 covers
everything, unless he just wants to get his name in the papers.)
Of course, as a practical matter, the only guns effected are ARs and AKs
that
have the SB 23 offending features stripped off, since unmodified ARs and AKs
have the demonized feature(s) and so are 1999 SB 23 AWs anyway. But there is
some good language about vagueness/notice/due process that we can use in the
forthcoming SB 23 challenge and the inability to identify offending firearms
features that render guns SB 23 AWs.
NRA filed an amicus brief in this case, which is quoted in the Opinion.
To read the full text of this opinion, go to:
[url]http://caselaw.findlaw.com/data2/californiastatecases/s055064.doc[/url]
[PDF File]
[url]http://caselaw.findlaw.com/data2/californiastatecases/s055064.pdf[/url]
Chuck Michel
TRUTANICH - MICHEL, LLP
Attorneys At Law
Port of Los Angeles Office
407 North Harbor Blvd.
San Pedro, CA 90731
(310) 548-3703
Fax: (310) 548-4813