Of Arms and the Law
Navigation
About Me
Contact Me
Archives
XML Feed
Home
Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography

ISOcover150x200sm.jpg

I've released my documentary film on the history of the right to arms, "In Search of the Second Amendment." It stars twelve professors of constitutional law, plus Steve Halbrook, David Kopel, Don Kates, and Clayton Cramer. You can order the DVD here. And here's the Wikipedia page on it. SUPREME COURT SPECIAL: additional orders only $10 each.


2nd Amendment Discussions
1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Clean Up ATF (heartburn for headquarters)
TheSurvivalistBlog.net
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Survivalist Blog
The BitchGirls
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Visitors since April 1, 2005: Free Web Counter
Free Hit Counter

Credits
Powered by Movable Type 3.15
Site Design by Sekimori

« Police shootout | Main | Discussion of law forbidding confiscation in emergencies »

Gov. Schwarzenegger drops a veto on two antigun bills

Posted by David Hardy · 2 October 2006 01:51 PM

Via a Calif. Rifle & Pistol Assn email:

AB2714 (TORRICO) INTERNET/MAIL ORDER AMMUNITION SALES ID REQUIREMENT
This bill would provide that no ammunition or reloaded ammunition could be delivered via the INTERNET/Mail order pursuant to a retail transaction unless the purchaser personally presents clear evidence of his or her identity and age to the seller of the ammunition. This bill also repeals a provision of current state preemption law that restricts local governments from regulating the sale of ammunition.

To the Members of the California State Assembly:
I am returning Assembly Bill 2714 without my signature. It is important to ensure that minors do not use mail-order or internet sales to obtain access to items prohibited under current law that could be dangerous if used improperly. However, current law already requires sellers to verify the age of a purchaser who wishes to buy ammunition at the time of sale. By adding a new requirement that retailers ensure third party verification of the identity of the purchaser at time of delivery, this bill could inadvertently subject legitimate retailers to criminal penalties for actions that they have no control over. As a result, this bill could be counter productive by providing a negligible benefit to public safety while concurrently discouraging legitimate business. In addition, this bill would allow local governments to enact their own measures governing the sale of ammunition if they are stricter than state law. Statewide uniformity of the laws regulating firearms is critical to public safety. By allowing local governments to proliferate local measures regarding the sale of ammunition that significantly differ from state law, this bill could result in inconsistent regulation, interpretation, and enforcement of firearms laws by businesses, law enforcement, and the public. For these reasons, I am returning this bill without my signature.
Sincerely,

Arnold Schwarzenegger

SB 59 (LOWENTHAL) HANDGUN LOSS OR THEFT REPORTING
This bill would make it an infraction for any person whose handgun is stolen or irretrievably lost to fail, within 5 working days after his or her discovery or knowledge of, or within 5 working days after the date he or she should reasonably have known of, the theft of loss, to report the theft or loss to a local law enforcement agency of the jurisdiction in which the theft or loss occurred or in which the person resides. This bill also repeals a provision of current state preemption law that restricts local governments from creating a patchwork of laws regarding reporting lost or stolen firearms.

To the Members of the California State Senate:
I am returning Senate Bill 59 without my signature. While I share the Legislature's concern about the criminal use of lost or stolen weapons, the ambiguous manner in which this bill was written would make compliance with the law confusing for legitimate gun-owners and could result in cases where law-abiding citizens face criminal penalties simply because they were the victim of a crime, which is particularly troubling given the unproven results of other jurisdictions in California that have passed similar measures. In addition, this bill may have undesirable legal consequences as it allows local governments to pass ordinances that differ from State law, thereby leaving law-abiding citizens with the task of navigating through a maze of different or conflicting local laws depending upon the jurisdiction they are in. A patchwork of inconsistent local ordinances creates compliance and enforcement problems that erode the States ability to effectively regulate handguns statewide. For these reasons, I am returning this bill without my signature.
Sincerely,

Arnold Schwarzenegger

· State legislation

Comments

Legal citizens of California: For this the Governator deserves my vote and he deserves your vote also.

Posted by: The Mechanic at October 2, 2006 02:18 PM

I don't know Mechanic.... Arnie hasn't shown himself to generally be a friend to gun owners. He's vetoed a few things that Davis or Bustamante certainly would have signed (Davis never saw a gun law he didn't like). Schwartzenegger may be better than the alternative, but I wouldn't be too enthusiastic about voting for him if I lived in California.

Posted by: Sebastian at October 2, 2006 02:25 PM

True enough, Sebastian. I don't like how embedded he is with the Kennedy Klan. He did, shoot down the microstamping bill. No, wait, that was the legislature. Can't bring myself to even consider Angelides.

Posted by: The Mechanic at October 2, 2006 06:47 PM

Arnie has vetoed other anti-gun bills before. We all remember him signing AB 50, which outlawed .50 BMG rifles, but tend to forget that he also vetoed SB 1140 (which would have made California's "safe" storage law even more oppressive than it already is) and SB 1152 (which would have required ammo registration and fingerprints). So no, he's not an NRA fave, but he's a hell of a lot better than the alternative.

Posted by: Xrlq at October 3, 2006 07:19 AM

Well, this is good news, but we still have to work on AB22 which repeats the libel that the small FFL holder is more prone to selling guns to straw purchasers for the gangsters and they are ill supervised compared to large business FFL's.

Posted by: Windy Wilson at October 4, 2006 12:17 PM