California Enacts New Handgun Ban, Christie Set To Sign Gun Bills

Originally posted by Krakatoa

It is an infringement. Infringing is not just "banning something" its an encroachment, or trespass upon the right. Making something so out-of-reach is an encroachment.....period. It is an effective ban on the item...by making it so impossible to comply as to result in a ban.

It is not impossible to comply that is your take on it.
There are many less fortunate that cannot afford a gun..should they just demand a gun shop give them a gun for free because that pesky price tag is an infringement?

Originally posted by Krakatoa

Originally posted by Hopechest

Originally posted by Krakatoa

Originally posted by howmuch4another

Originally posted by TorqueyThePig
Do you think this decision will be overturned by the Supreme Court?

nope..States rights. totally within their jurisdiction.

reply to FortAnthem

they'll just exempt the LEO's and they'll go to Nevada an buy whatever they want.

States rights CANNOT overturn the U.S. Constitution. And this action clearly is in violation of the 2nd Amendment by "infringing" on the right of the people to keep and bear arms. Make no mistake, it is an infringement, and encroachment upon that constitutional right.

Definition of INFRINGEMENT 1 : the act of infringing : violation 2 : an encroachment or trespass on a right or privilege

Definition of Infringment

You would lose that argument.

You can still bear arms...nothing is infringed upon. The Supreme Court has said, multiple times, that firearms can be regulated...nothing in the second amendment says they cannot. The only stipulation is that you cannot ban them all.

Then why not make a law requiring a radioactive tracer be embedded within the piece? But then, the access to the required radioactive tracers is blocked by further regulation. This is why the founders used the word "infringed" and not "banned". Infringed is a softer and more widely defined term, that gos into effect BEFORE a ban.

Because the Supreme Court has already ruled that its unconstitutional to use tracers. The specific case applied to putting tracers on vehicles but it would apply to anything by precedence.

Originally posted by kozmo
reply to post by Hopechest

 

Perhaps you need a better primer on "Infringing". "Infringing" is to trespass or obstruct the free exercise thereof. Do you know why the "Poll Tax" was ruled Unconstitutional? Because it INFIRNGED upon people's rights to vote. The act of requiring one to pay for a right that is mandated under the Constitution was ruled a direct infringement upon that right. Placing an onerous cost upon citizens in order to exercise their freedom to bear arms WILL MOST CERTAINLY be ruled an infringement. Bank on it!

Its possible the Court may rule that it is indeed an infringement but that is up to them. At this point in time however, they have ruled that regulation of firearms is not an infringement.

This case is a bit different so we would have to see how they view it. I don't believe they will find it an infringement but I've been wrong about their decisions before.

I actually think if this case goes to court it will not be based on the second amendment but something like the Commerce Clause.

Since these guns will be sold across State lines I believe that regulation of them should fall in the realm of Congress, not the State.

That's the route I would go. You could also file for unfair business practices or a whole host of other issues.

Anyone that wants freedom and rights should be fleeing that dump state.

It doesn't surprise me.

My business will not sell to CA at all. Screw them.

reply to post by Gazrok


Yeah no doubt. The last time I checked criminals break the law.

This would not help me as a LEO at all. It could actually make investigations more difficult. Think about it. Say a criminal wants to murder someone. So they use a gun that was grandfathered in and does not have microstamping capabilities. They then commit the murder. Before they leave the scene they drop a bunch of different casings that were ejected from microstamped guns (same caliber they used for the murder of course) they picked up at a local range. LEO responds and now they have multiple dead ends to follow up on which would impead the investigation.

To me this is practically proof that the government does not care about solving/preventing crimes. This is about gun control which of course is about people control.

It makes me sick. If you are an LEO/OathKeeper in California you need to speak up about this.

reply to post by macman


Yeah I hear you. It is sad. California is such a beautiful state with tons to see and do. It is a shame what it is turning into.

Originally posted by Krazysh0t
California, leading the way towards totalitarianism! No wonder the state is on the verge of bankruptcy despite having some of the richest people in the country.

I live in California, this state is going to have a 3 to 5 billion dollar surplus, the debt has been wiped out, and paid off by a democratically controlled legislature and a democratic governor....please check your facts...go to some of the republican controlled states, that's where you'll find deficits....jesus, this is the 4th easily verifiable lie I have found written just today by right-wingers

reply to post by FortAnthem


I agree it would be very hypocritical for any LEO to say it is okay for them to use magazines with more than 10 rounds and AR 15's to defend themselves but the citizens can't.

My life is no more important than any other citizen. I prefer having law abiding citizens armed. It makes my job a lot easier. Not to mention sometimes a citizen can intervine and help. For example www.policeone.com...

Granted the firearm he used was lower capacity and not a semi auto rifle you guys get the point. He saved the officers life.

Originally posted by TorqueyThePig
reply to post by macman

 

Yeah I hear you. It is sad. California is such a beautiful state with tons to see and do. It is a shame what it is turning into.

edit on 22-5-2013 by TorqueyThePig because: (no reason given)

yeah, well, it's obvious you have no idea what you are talking about...please see above.

reply to post by jimmyx


Oh, so since the state is raising taxes, it is 'projected" to increase revenue and surplus.

Lets see how that works the following year, while people and companies leave the tax burden dump for other friendly states.
www.ebudget.ca.gov...
Yeah, projections are always on target and never wrong.

Good luck with your repressive state. I am glad you not only have a Tyrant for Pres, but one for state and local govt as well.

reply to post by jimmyx


ivn.us...


What is that last sentence in that first paragraph????

However, before Californians expect too much from the Legislature, they need to understand that this could be a one-time revenue gain.

The only reason most have to visit that crap hole is Disneyland, Universal and the San Diego Zoo.

I will be taking my family trips to FL instead.

reply to post by jimmyx


I do love this as well.

In November 2012, Californians agreed to have their taxes raised when they voted in favor of Proposition 30. The proposition implemented a 5-year increase on the state’s sale tax as well as a 7-year increase in income tax for high-income households. The latter being retroactive on any income made in 2012, this contributed to this year’s good tax harvest.

reply to post by jimmyx


Or this. Nothing like taking a Conservative's approach to Govt Finances.

The budget surplus can be explained in a number of ways. The Brown administration reduced the state’s expenditures by cutting $8.1 billion in spending and California received more revenue than the previous years.

Originally posted by jimmyx

Originally posted by Krazysh0t
California, leading the way towards totalitarianism! No wonder the state is on the verge of bankruptcy despite having some of the richest people in the country.

I live in California, this state is going to have a 3 to 5 billion dollar surplus, the debt has been wiped out, and paid off by a democratically controlled legislature and a democratic governor....please check your facts...go to some of the republican controlled states, that's where you'll find deficits....jesus, this is the 4th easily verifiable lie I have found written just today by right-wingers

edit on 22-5-2013 by jimmyx because: adds

He's right we are. over $4b by 2014. Due to the largest sales tax hike ever along with huge capital gains collections in 2011. So if you just go on the increase in revenue it is true.

The problem is that the statistics don't take into consideration the increased payout in CalPers,CalStrs pensions due to utilization by baby boomers and the FACT that small business is leaving by the drove.
California is second only to NY over the last decade in lost revenue to other states due to tax migration. Know who is taking it from us? Arizona, Nevada, North Carolina and Texas.
Now let's add on the servicing of the bonds required for this ridiculous High Speed Rail project that nobody needs or wants and that surplus will be no more than a pipe dream. Unfortunately.

Microstamping technology is designed to create a microscopic set of characters on each cartridge fired.

Funny how does that work exactly?

A stamp on the brass/cartridge but there are 4 parts of it: shell,primer, gunpowder, and bullet.

Good luck reading a microstamp on hollow points then others fragment that reading them would be next to impossible.

Oh then there is frangilbe ammunition.

Then all anyone has to do is police their brass;.

California can't get any more fascist, and ridiculous.

reply to post by jimmyx


Well it is my opinon so it is not about being right or wrong. I feel that the state is not a state that I would want to live in. High taxes, assault weapon ban, huge immigration issues and now microstamping requirements for firearms. No thanks.

You however have every right to enjoy California. I would never say you were wrong for that. This is America and you are entitled to your beliefs.

reply to post by neo96


I agree. This is clearly not about solving/preventing crime. It is all about people control.

I am also curious. Does anyone know if the microstamping requirements would apply to bolt action rifles or CA compliant semi auto rifles?

You would think that since semi auto rifles are so evil that this would apply to them as well. It just does not make sense to me.

reply to post by neo96


It would have to start with the firing pin doing the imprinting. Then, I am sure that the law would migrate to something even more intrusive, like the bottom of the case or the case itself.
The inside of the barrel, just past the throat would have the micro stamping and the act of firing the round, where the shell will expand slightly, would imprint the stamp.

So, now we have receivers as a controlled BATF item, this will include firing pins in that arena as well. Then barrels.

But, what stops the criminal from replacing the stock CA mandated pin with one that is not micro-stamped? Or doing the same with a barrel.

All this is, is a form of Govt control, pushing moronic legislation to send the Progressive base into a self-satisfied frenzy with good intentions warming the blood.

This will do nothing but create an environment of more people leaving the dump of a state, businesses to continue to flee and others not wanting to visit for tourism.

CA is on the path to become the next Detroit.

reply to post by TorqueyThePig


It appears to be for all firearms.

Originally posted by howmuch4another

Originally posted by jimmyx

Originally posted by Krazysh0t
California, leading the way towards totalitarianism! No wonder the state is on the verge of bankruptcy despite having some of the richest people in the country.

I live in California, this state is going to have a 3 to 5 billion dollar surplus, the debt has been wiped out, and paid off by a democratically controlled legislature and a democratic governor....please check your facts...go to some of the republican controlled states, that's where you'll find deficits....jesus, this is the 4th easily verifiable lie I have found written just today by right-wingers

edit on 22-5-2013 by jimmyx because: adds

He's right we are. over $4b by 2014. Due to the largest sales tax hike ever along with huge capital gains collections in 2011. So if you just go on the increase in revenue it is true.

The problem is that the statistics don't take into consideration the increased payout in CalPers,CalStrs pensions due to utilization by baby boomers and the FACT that small business is leaving by the drove.
California is second only to NY over the last decade in lost revenue to other states due to tax migration. Know who is taking it from us? Arizona, Nevada, North Carolina and Texas.
Now let's add on the servicing of the bonds required for this ridiculous High Speed Rail project that nobody needs or wants and that surplus will be no more than a pipe dream. Unfortunately.

just an increase in revenues????
gov.ca.gov...
abclocal.go.com.../politics&id=9101826

wrong again