DOJ Drops 28 Handguns from Roster after Firearm Manufacturers Back SAF, CGF Gun Lawsuit
FOR IMMEDIATE RELEASE: Monday, February 10, 2014
Calif. Dept. of Justice Drops 28 More Handguns from Roster after S&W, Ruger Back SAF, CGF Second Amendment Lawsuit
ROSEVILLE, CA and BELLEVUE, WA -- Law-abiding Californians are facing an increasing infringement on their Second Amendment right to keep and bear arms, say gun rights organizations Second Amendment Foundation and The Calguns Foundation.
28 handgun models in common use were removed from the handgun roster by the California Department of Justice since January 28, 2014, and are now unavailable to gun buyers, reports Calguns. Of those, 22 are manufactured by Smith & Wesson, Inc.
However, California gun owners have reason to be optimistic, say the groups. In a major development, firearm manufacturers Smith & Wesson and Sturm, Ruger & Co., Inc., have joined handgun maker Glock, Inc., in support of a federal Second Amendment civil rights lawsuit seeking to overturn the handgun regulation scheme commonly known as the “handgun roster.”
“SAF will be eternally grateful for the timely support from all three companies, which we believe strongly reinforces our case,” said SAF founder and Executive Vice President Alan M. Gottlieb.
In one of two new declarations filed with the trial court, Smith & Wesson CEO James Debney stated that “as a result of the microstamping requirement, Smith & Wesson is losing its ability to sell many of its semi-automatic handguns in California, as its handguns are forced off the roster [by the California Department of Justice].”
The lawsuit, filed by Second Amendment Foundation and The Calguns Foundation, seeks to overturn the entire roster scheme and restore the full handgun market to California consumers. The case is helmed by noted civil rights attorneys Alan Gura of Alexandria, Virginia, Donald Kilmer of San Jose, California, and Jason Davis of Mission Viejo, California.
In January, The Calguns Foundation published its report on the roster’s effects on the California handgun market, which illustrates that the roster is an effective ban on handguns in common use for self-defense. The report, based on the California Department of Justice’s own roster database, shows that an average of 59 semi-automatic handguns have been removed from the roster every year for the past decade. However, 58 handgun models have already been removed by DOJ since January 1 of this year, with many more removals expected in coming months.
No new semi-automatic handguns may be placed on the Roster due to the DOJ's enforcement of the “microstamping” requirement, which Calguns believes will lead to an increase in the rate of handgun removal. More, DOJ is apparently also requiring manufacturers to sign affidavits saying that no changes, even non-substantive changes in upstream components and suppliers, have been made since the handguns were submitted for testing.
“Californians cannot acquire safe and reliable handguns in common use throughout the United States because of the roster and microstamping regulations,” explained Gene Hoffman, Chairman of The Calguns Foundation. “The roster is nothing short of a gun ban that infringes on fundamental Second Amendment rights. We look forward to proving that in court.”
More information on the lawsuit, including the complaint, can be found at http://www.calgunsfoundation.org/2013/06/cgf-challenges-ca-handgun-microstamping-requirement-in-federal-civil-rights-lawsuit.
The Plaintiffs motion to supplement the record as well as the Ruger and Smith & Wesson declarations can be viewed at http://ia700204.us.archive.org/23/items/gov.uscourts.caed.191444/gov.uscourts.caed.191444.docket.html.
CGF’s California Handgun Roster report may be downloaded at http://www.calgunsfoundation.org/roster.
The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to defend and advance Second Amendment and related civil rights. Supporters may visit www.calgunsfoundation.org/donate to join or donate to CGF.
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. Supporters may visit www.saf.org/join to join or donate to SAF.