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by Micah J. Fleck

Recently, a new posting by The Calguns Foundation read as follows:

FRESNO, CA (April 28, 2017) — Today, attorneys for 7 individual gun owners and 4 civil rights advocacy organizations have filed a federal lawsuit challenging the State of California’s ban on so-called “large-capacity” firearm magazines that hold more than 10 rounds “on their own behalves, and as representatives on behalf of the class of individuals who are or would be affected by the Large-Capacity Magazine Ban.”

The civil rights case, captioned as William Wiese, et al. v. California Attorney General Xavier Becerra, et al., was filed in the United States District Court for the Eastern District of California, Fresno Division, and is supported by civil rights groups The Calguns Foundation (CGF), Second Amendment Foundation (SAF), Firearms Policy Coalition (FPC), and Firearms Policy Foundation (FPF)

“The State of California’s ban scheme stands for the proposition that most any personal property can simply be taken away from you or forced out of your possession without due process or just compensation by legislative fiat,” commented CGF Chairman Gene Hoffman. “Today it’s firearm magazines, but tomorrow it will most certainly be some other constitutionally-protected private property.”

“Enforcement of this ban,” explained SAF founder and Executive Vice President Alan M. Gottlieb, “would immediately place thousands of law-abiding California gun owners in jeopardy of criminal liability and subjects their personal property to forfeiture, seizure and permanent confiscation, which is government taking, without due process or compensation. We cannot allow that to go unchallenged.”

“California’s magazine laws will turn many thousands of good, law-abiding people into criminals,” said Brandon Combs, president of FPC and chairman of FPF, “but do nothing to advance public safety.

“While California’s political leadership might prefer some kind of police state without any Second Amendment or property rights, we believe that the Constitution takes their policy preferences off the table. This lawsuit is one of many that we hope will help restore fundamental freedoms in the Golden State and across the nation.”

Douglas A. Applegate, also of Seiler Epstein Ziegler & Applegate LLP, joins Lee on the case as co-counsel.

The full view of the documents associated with this lawsuit can be viewed HERE.


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