San Francisco City Attorney Dennis Herrera has filed suit against three gun-accessory companies and a gun-show promoter for selling disassembled high-capacity magazines in California. Herrera asserts in the suit that the companies are in violation of a 14-year-old state law that prohibits the sale, manufacture, or import of ammunition feeding devices that accept more than 10 rounds.
44Mag.com offers large capacity magazine repair parts kits for sale to California customers. These are sometimes also referred to as rebuild kits. A magazine parts kit includes all of the parts of a magazine but the parts are not assembled into a magazine. The cost of a kit is the cost of a complete magazine plus an additional service charge usually about $1.49. “California DOJ has specifically stated that these kits are legal for sale in California,” 44Mag.com’s website says. Photo courtesy of 44Mag.com.
Herrera’s civil complaint filed in San Francisco Superior Court alleges that three online gun-equipment distributors and one prominent gun-show organizer knowingly aid and abet illegal conduct in the state by marketing “California only” disassembled magazine parts.
The State of California enacted its prohibition on the sale, manufacture, or import of large-capacity magazines in 1999, declaring the devices to be public nuisances.
Online vendors named as defendants in Herrera’s civil action are: Harbor, Ore.-based 44Mag Distributing LLC, which operates www.44mag.com; Dallas, Texas-based Exile Machine, LLC, which operates www.exilemachine.com; and Pitsburg, Ohio-based Copes Distributing, Inc., which operates www.copesdistributing.com.
Herrera also sued Kaysville, Utah-based B & L Productions, Inc., which hosts gun shows throughout California as “Crossroads of the West Gun Show,” including at the Cow Palace in Daly City, Calif.
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Are the dominoes starting to fall? Well, not yet but the first couple are certainly approaching the tipping point. Last week, we announced the successful petition to recall Colorado Senate president John Morse (Oppose the Second Amendment… Pay The Price). More good news has been released since that time—another Colorado anti-gun senator has also been successfully placed on the recall chopping block.
When a state senator refuses to absolutely defend the Second Amendment, the line in the sand is drawn, and a recall is appropriate.
Pueblo Freedom & Rights, a 501(C) (4) organization, has successfully spearheaded a grassroots effort to recall anti-Second Amendment state senator Angela Giron (D – Pueblo Colorado). PF&R submitted over 13,570 District 3 voter recall petition signatures to the Colorado Secretary of States’ office, which easily exceeds the 11,285 signatures required to force a recall election.
As was the case with the Morse recall, the Democrats are not expected to go quietly into the night. It is expected the party will fight and challenge the validity of the signatures in order to draw the process out and delay the election. If 11,285 signatures survive that effort, Giron will have five working days to resign her office before a recall election can be scheduled.
This is another great win for the Second Amendment and gun rights, but it is also an incomplete victory. To have a true impact, the recall needs to be successful and the politicians who chose to trample the rights of gun owners need to be successfully removed from office and held up as examples to other lawmakers. We have been silent for far too long and it is time firearm enthusiasts joined forces and made our voices heard.
Local citizens have done the leg work and collected the signatures. Now is the time to throw our full support behind the effort and make sure the implications are felt by lawmakers across the nation.
The grassroots effort has proven the will of the people of Pueblo Colorado, but a recall election is going to require support from our entire community of firearm enthusiasts. You can be sure that Michael Bloomberg (Democratic mayor of New York City) and his cronies will be throwing their full political force and money to defeat us and ensure the demise of our rights.
The mission of Cheaper Than Dirt!’s blog, “The Shooter’s Log,” is to provide information—not opinions—to our customers and the shooting community. We want you, our readers, to be able to make informed decisions. The information provided here does not represent the views of Cheaper Than Dirt!
They say all politics are local. Perhaps that is still true, but if you asked Colorado’s Senate president, John Morse, he may tell you otherwise. That’s likely because he could soon make Colorado political history—by being the first lawmaker in the state to be recalled. Donations to support his recall have come from much more than simply local advocates. In fact, they have been attributed to every corner of the nation, from Washington D.C. to Alaska.
Morse was first elected to the Colorado Senate in 2006 and reelected in 2010. He is term-limited after next year and—if he survives the recall—will be the first state lawmaker in Colorado to face a recall election; nationally he is only the fifth to ever face such a vote. Of the first four, three were recalled which bodes well for Second Amendment advocates.
Magpul was an industry leading voice in opposition to the newlegislation and based in Colorado while the legislation was being proposed.
The reason for Morse’s recall should not be much of a surprise. He represents a historically conservative district, but has proven to be a staunch advocate of gun control demonstrated by his support of background checks for private and online gun sales and laws that limit magazines to a maximum of 15 rounds. According to the individuals that filed the petition, Morse’s actions do not represent the will of his district.
The entire endeavor has been a huge success for Second Amendment advocates. Recall organizers gathered more than twice the number of signatures necessary to force a special election, which according to at least one report was more than the total number of votes Morse received in the last election.
Morse could resign and his seat would remain in Democratic hands with an appointed successor. However, indications thus far are pointing to Morse fighting to keep his seat. A resignation would be a victory for Second Amendment advocates, but unseating the Senate leader will send a much stronger message that will be heard across the nation and at all levels of political leadership.
Morse is only one of four Democrats being targeted for recall and the chances of success look positive. Robert Harris, one of the individuals responsible for filing the petition was quoted as saying, “We had many Democrats who came up to our volunteers and told them they had voted for Morse, and they needed to rectify that situation by signing the petition.”
A recall would reverberate across the nation and show the political will of the people without the damper of the liber media. It may be the best tactic to send a chill up the spines of lawmakers and cause them to consider the ramifications of whimsical and abusive gun control measures such as those recently signed into Colorado law.
With Morse as the pawn in the middle, the real fight is shaping up to be the NRA against New York Mayor Michael Bloomberg’s group, Mayors Against Illegal Guns. An overstatement perhaps, but it will certainly play that way across mainstream media.
In support of the Second Amendment in Colorado, Magpul introduced a limited run of magazines with custom graphics and the proceeds going to to support the fight.
Morse has two weeks after petition signatures are validated to challenge the results. However, as soon as the secretary of state deems the recall effort valid, residents of the district may file candidate affidavits. Afterward, the special election would likely be held in early September.
The big take away from this effort is that politics are not local. Industries, businesses and citizens beyond Colorado’s borders were all affected by the legislation. As a result they came together pooling money and resources in a united display of indignation. As the recall effort progresses, stay tuned for ways you can become involved. One of the easiest ways is to join or renew your NRA membership or make a donation to one of the organizations involved in protecting your Second Amendment rights.
Remember, the rights this recall saves may be your own—whether or not you live in Colorado. Restrictive legislation such as the laws recently passed in Colorado have a habit of going viral if not quashed early, SO GET INVOLVED!
What have you done in support of the Second Amendment or to aid the recall in Colorado? Let us know in the comment section.
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New NRA President James W. Porter is coming under heavy fire for his hardline approach defending gun rights.
The gun-rights debate is taking a nastier-than-usual turn, wherein members of the anti-gun-rights crowd are publicly calling for the federal government to move against gun-rights supporters — in particular, the NRA and its leadership — and arrest, jail, try, rendition, or otherwise attack outspoken gun-rights supporters. Examples:
Dr. Christopher Swindell of Marshall University wrote “Gun safety debate is B.S.” in the Charleston (W.V.) Gazette: Watching the celebration at the NRA convention over the defeat of background checks was the most nauseating experience of the day.… The NRA advocates armed rebellion against the duly elected government of the United States of America. That’s treason, and it’s worthy of the firing squad. The B.S. needs a serious gut check. We are not a tin pot banana republic where machine gun toting rebel groups storm the palace and depose the dictator. Normally, I am a peaceable man, but in this case, I am willing to answer the call to defend the country. From them.… It’ll be an M1A Abrams tank, supported by an F22 Raptor squadron with Hellfire missiles. Try treason on for size. See how that suits. And their assault arsenal and RPGs won’t do them any good.…
Keith Darling-Brekhus, wrote in “Flirting with treason: The insurrectionist ideology of the NRA leadership”: If the men and women in the NRA leadership and their Congressional supporters want to fantasize about waging guerrilla warfare against the federal government they have the freedom to do that and nobody has yet taken the guns away from Wayne LaPierre, Ted Nugent or Don Young despite their incendiary rhetoric. However, when they throw their tantrums and launch rhetorical firebombs at the government, we do not have to accept their claims of patriotism and let them wrap those arguments in the American flag. In a functioning democracy, armed insurrection is not a form of patriotism it is treason and the NRA leadership is flirting with treason when they embrace paranoid insurrectionist fantasies and abandon all reason in the process. It is time we call it what it is and stop treating such arguments as intellectually valid or morally defensible.
Dave Perry, Aurora (Colo.) Sentinel editor, wrote in “We Can Only Save Ourselves From Kidnappers At The NRA”: No more due process in the clear-cut case of insidious terrorism. When the facts are so clearly before all Americans, for the whole world to see, why bother with this country’s odious and cumbersome system of justice? Send the guilty monsters directly to Guantanamo Bay for all eternity and let them rot in their own mental squalor. No, no, no. Not the wannabe sick kid who blew up the Boston marathon or the freak that’s mailing ricin-laced letters to the president. I’m talking about the real terrorist threat here in America: the National Rifle Association.
John Aravosis, editor of AMERICAblog, wrote in “Stephen Colbert on the NRA convention & gun nut bullet conspiracy theories”: A friend recently wrote me on Facebook and asked if it didn’t seem as if the gun-nuts were getting awfully close to advocating sedition. I think he’s right. There’s far too much talk from the “Second Amendment” types about needing their guns to fight some imminent war, probably against the US government. If these guys were brown, they’d be arrested and flown to Gitmo.
Washington Monthly contributing writer Ed Kilgore wrote in “None Dare Call It Treason”: Am I perhaps being unfair to these people in suggesting that they are behaving like America-haters and are flirting with treason? I don’t think so.
Has criticizing the government for anti-gun legislation become sedition in the eyes of gun opponents?
Gun owners already know the 2nd Amendment is under attack, but is the 1st Amendment no longer active?
What should gun owners do when we are called traitors and terrorists?
Let us hear your opinions in the comments section below:
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NRA-ILA reports that the Obama Administration is expected to sign the U.N. Arms Trade Treaty soon after it is opened for signature on June 3.
On April 2 the United Nations General Assembly voted 153-4 to pass the Arms Trade Treaty, with the United States voting in favor and several countries abstaining. According to a May 16 Amnesty International article, a senior US diplomat, Assistant Secretary of State Thomas Countryman, has confirmed the U.S. government will be quick to sign the new treaty. In the article, Countryman said that the United States would sign the ATT “in the very near future.”
If the deeply problematic treaty is indeed signed, the fight will move to the U.S. Senate, where the Obama administration would need to find 67 senators to ratify the treaty.
NRA-ILA says the ATT threatens the rights and privacy of American gun owners. Signatories will be encouraged to keep information on the “end users” of arms imported into their territory and supply such information to the exporting country. Exporting nations, nearly all of which have civilian firearm control regimes far harsher than the U.S., will be encouraged to take the firearm control laws of an importing country into account before approving a transfer of arms. And the treaty also encourages states to adopt domestic legislation to facilitate the treaty’s onerous requirements, NRA-ILA asserts.
Once a treaty has been signed, it normally remains available for the Senate to ratify in perpetuity, unless a later president withdraws from it.
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