Glock files Amicus Brief in CA case

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  • swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,475
    Westminster USA
    From SAF:
    [FONT=&quot] [/FONT]​


    [FONT=&quot]GLOCK FILES AMICUS BRIEF
    SUPPORTING SAF'S CALIFORNIA CASE [/FONT]

    [FONT=&quot]BELLEVUE, WA - Attorneys for Glock, Inc. have filed an amicus curiae brief supporting the Second Amendment Foundation's case in California, Pena v. Lindley, a lawsuit challenging the state handgun roster requirements that include microstamping and magazine disconnects.[/FONT]

    [FONT=&quot] Glock produces some of the most popular pistols in the world, and their guns are carried by law enforcement professionals and legally-armed private citizens across the United States.[/FONT]

    [FONT=&quot] "We are proud of Glock for stepping up to the plate," said SAF founder and Executive Vice President Alan M. Gottlieb. "Glock believes, as do we, that California's requirements place an undue burden on both consumers and manufacturers."[/FONT]

    [FONT=&quot] According to the brief filed by attorneys Erik S. Jaffe of Washington, D.C. and John C. Eastman of Orange, Calif., Glock pistols are like the majority of semi-auto pistols manufactured today, because they do not include the magazine disconnect. Indeed, the brief notes that "the overwhelming majority of law enforcement agencies require pistols that do not have a magazine disconnect mechanism."[/FONT]

    [FONT=&quot] Glock pistols, nor any other handgun in common use, can comply with California's "microstamping" mandate, the brief notes. As a result the newest generation of Glock pistols is not on the California roster, and therefore cannot be sold to private individuals in that state.[/FONT]

    [FONT=&quot] "Under the First Amendment," Gottlieb observed, "California is not allowed to compile a list of books you can read, and under the Second Amendment the state should not be allowed to compile a list of handguns you can own."[/FONT]

    [FONT=&quot] Both Jaffe and Eastman clerked for Supreme Court Justice Clarence Thomas, Gottlieb noted. Mr. Eastman has considerable experience in civil and constitutional litigation, and was a candidate for California attorney general in 2010. He is a law professor at Chapman University. Mr. Jaffe also clerked for Judge Douglas H. Ginsburg of the U.S. Court of appeals in the District of Columbia. He has litigated in Washington, D.C. and has considerable experience in constitutional challenges.[/FONT]

    [FONT=&quot] "Glock definitely has an interest in this case," Gottlieb said, "and their expertise could be crucial at this point. We're glad they have chosen to weigh in."[/FONT]


    [FONT=&quot]The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.[/FONT]
    [FONT=&quot]
    [/FONT]​
    [FONT=&quot]
    [/FONT]​
    [FONT=&quot] [/FONT]​
    [FONT=&quot] [/FONT]​
    [FONT=&quot]< Please e-mail, distribute, and circulate to friends and family >[/FONT]​
    Copyright © 2013 Second Amendment Foundation, All Rights Reserved.​
    [FONT=&quot]Second Amendment Foundation
    James Madison Building
    12500 N.E. Tenth Place
    Bellevue, WA 98005[/FONT]
    [FONT=&quot]Voice: 425-454-7012
    Toll Free: 800-426-4302
    FAX: 425-451-3959
    email: InformationRequest@saf.org[/FONT]​

    T​
     

    nedsurf

    Ultimate Member
    Feb 8, 2013
    2,204
    Hopefully the law is overturned at the highest level and Maryland's list will be easily challenged. If it is overturned in the 9th district, that would send a strong message at least.
     

    krucam

    Ultimate Member

    Attachments

    • gov.uscourts.caed.191444.66.0.pdf
      74.2 KB · Views: 258

    Maestro Pistolero

    Active Member
    Mar 20, 2012
    876
    Thanks Krucam. A good read . . . It gets right to the heart of 'common use'. One excellent point is that since consumers can continue to buy the functionally identical third generation, on–roster handguns, the regulation doesn't even accomplish the dubious objective of denying citizens a firearm that lacks either a magazine disconnect, or micro stamping capability. It only denies the consumer access to the improved features such as dual recoil spring and swappable back straps. That's it.
     

    Haides

    Ultimate Member
    Oct 12, 2012
    3,784
    Glen Burnie
    It only denies the consumer access to the improved features such as dual recoil spring and swappable back straps. That's it.

    It's for the children.

    Would the challenge to CA's roster (if won) affect Maryland's roster, or are they different in some way? Is the actual existence of a roster what's being challenged in this case, or is it just how it's being applied?
     

    jrwhitt

    Active Member
    May 27, 2012
    282
    Reading the brief, I also like they point out that the "unsafe" guns are allowed to be used by those with exceptions (police, those moving into the state etc.) thereby showing that either the guns aren't that unsafe or the roster isn't about unsafe guns.
     

    Maestro Pistolero

    Active Member
    Mar 20, 2012
    876
    Where the law really jumps the shark is with the magazine disconnect (which almost no common weapon has), and the micro stamping, which is NON-EXISTENT in any production firearm.Where the law really jumps the shark is with the magazine disconnect (which almost no common weapon has) and the micro stamping, which is NON-EXISTENT in any production firearm. Put another way, the roster only permits new firearms that are not in common use (with mag disconnect), or new firearms that actually don't exist at all in the marketplace (with micro-stamping capability).

    If the legislature wished to craft a slow rolling gun ban, then banning guns lacking non-existent features is about as obvious a way to do it as I can imagine.
     
    Last edited:

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    Would the challenge to CA's roster (if won) affect Maryland's roster, or are they different in some way? Is the actual existence of a roster what's being challenged in this case, or is it just how it's being applied?
    You'd need a win at the SCOTUS level for this case to affect the MD handgun roster.
     

    Haides

    Ultimate Member
    Oct 12, 2012
    3,784
    Glen Burnie
    You'd need a win at the SCOTUS level for this case to affect the MD handgun roster.

    Yeah, I didn't word that right. Could it be persuasive in an argument against MD's roster, and is it a challenge to the existence of a roster or just how it is being applied, is what I meant (I think? Lol).
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,886
    Rockville, MD
    I mean, hell, any decision helps, but Maryland's courts don't really need to take heed of what happens in Cali's courts.
     

    SilverBulletZ06

    Active Member
    May 31, 2012
    102
    No offense, but Glock can go screw itself.

    All these laws and just now they are starting to get involved? How about 10+ years ago? How about all the other cases regarding carry, capacity, access to firearms?
     

    Traveler

    Lighten up Francis
    Jan 18, 2013
    8,227
    AA County
    That is a funny way to say thank you.

    I like the Glock response, better than Colt, or say Dick's sporting goods. Better late than never.
     

    Traveler

    Lighten up Francis
    Jan 18, 2013
    8,227
    AA County
    FYI

    The four organizations that will be receiving donations at NRA include:

    National Rifle Association – This is the second consecutive year that GLOCK will make a $50,000 donation to the NRA. The NRA is recognized as America’s leading advocate for the protection of the Second Amendment of the U.S. Bill of Rights and the promotion of firearm ownership rights as well as marksmanship, firearm safety, and the protection of hunting and self-defense in the United States. Ron Schmeits, President of the NRA, Wayne LaPierre, Executive Vice President and Chief Executive Officer of the NRA, and Kayne Robinson, Executive Director of Operations and past President of the NRA have been invited to accept the donation.
    NRA Whittington Center – A $50,000 donation will mark the third consecutive year that GLOCK has donated to the NRA Whittington Center. The Center is the most comprehensive shooting facility in America today, complete with 15 shooting ranges, classrooms and a dining facility. It hosts recreational shooting and guided hunts as well as camping, hiking, mountain biking and horseback riding activities. Wayne Armacost, Executive Director at NRA Whittington Center has been invited to accept the donation along with Schmeits, LaPierre and Robinson.
    NRA Whittington Center’s Adventure Camp – GLOCK will make a $15,000 donation to this group. This marks the ninth consecutive year that GLOCK has donated to the NRA Whittington Center Adventure Camp. The Camp is a unique place where young men and women have the opportunity to learn the fundamentals of pistol, rifle and shotgun shooting in a positive environment. Invited to accept the donation on behalf of the NRA Whittington Center’s Adventure Camp will be Armacost, Schmeits, LaPierre and Robinson.
    NRA Law Enforcement Division (LED) – GLOCK will donate 30 pistols to the LED. This marks the fourth consecutive year that GLOCK has donated to the LED. This event held in Albuquerque, NM, is the NRA’s premiere annual shooting competition where Law Enforcement officers from around the globe compete to test their shooting skills. Invited to accept the donation on behalf of the LED/NPSC will be Glen Hoyer (Director-Law Enforcement Activities Division at the NRA), as well as Schmeits, LaPierre and Robinson.

    http://www.ammoland.com/2011/04/glock-firearms-to-donate-115000-during-2011-nra-annual-meetings/
     

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