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CURRENT LITIGATION
Contra Costa County, California:
Contra Costa was the second California municipality to pass a ban on "large
caliber rifles," which was designed specifically to include .50 BMG
rifles. Contra Costa County also has the dubious distinction of being
the first municipality to be sued over their .50 BMG ban. Unlike the City
of Los Angeles, Contra Costa County's ban focused solely on rifles, and
excluded handguns. Plaintiffs, including the California Side by Side Society,
California Association of Firearms Retailers, Fifty Caliber Shooters Association,
Sports Afield, Barrett Firearms Manufacturing, California Rifle and Pistol
Association and private parties alleged that Contra Costa's ordinance
violates the U.S. Constitution, the state Constitution and California
state law. Contra Costa County acted as thought they were in it for the
long haul, but folded with the passage of AB50, since they are now scheduled
to repeal their ordinance pursuant to stipulated settlement.
FUTURE LITIGATION
State of California:
The Fifty Caliber Institute is currently collecting funds to support a
lawsuit against the State of California on behalf of itself and members
of the fifty caliber industry to prevent the enforcement of California
Penal Code section 12020.5, which prohibits any advertisements of .50
BMG rifles if the advertisements are circulated within the State. This
law makes it impossible for law abiding .50 BMG rifle manufacturers, distributors
and dealers to maintain websites or publish advertisements in national
magazines without violating California law, even if they do not sell to
residents in California. Clearly this law violates the free speech rights
of the industry, but it will remain law until successfully challenged
in a court of law. Please support the Fifty Caliber Institute in this
endeavor to protect the rights of the industry by donating
now.
PAST SUCCESSES
Los Angeles, California:
Los Angeles was the first California municipality to pass a ban on "large caliber
firearms," which included both rifles and handguns between .50 and .60 calibers. Though they
may have thought they were out of the woods when Contra Costa County was
sued, the City of Los Angeles was blindsided by a lawsuit that mirrored the
Contra Costa County lawsuit, but included more causes of action due to the scope
of their ordinance, making it a stronger lawsuit to fight against. EDM Arms, Inc.
was also added as a plaintiff in the Los Angeles lawsuit. Unlike Contra Costa
County. Ultimately, the City of Los Angeless agreed to, and subsequently did repeal
their ordinance banning .50 caliber rifles.
The City of Long Beach was defeated by a lawsuit that was never filed. Though they had passed the stage of a ban that mirrored the City of Los Angeles, the City of Long Beach ultimately withdrew their support for the ban in light of a complaint that was presented to them in advance by the Law Firm of Trutanich-Michel, LLP on behalf of their clients, which include the National Rifle Association and the California Rifle and Pistol Association. This lawsuit ultimately was revised and filed against both the City of Los Angeles and Contra Costa County.
