UPDATE: The Los Angeles Times published a blog post about the gun law being invalidated. It was date-stamped 7:31 p.m. Tuesday night, hours after gun-interested bloggers had the story. Still, it’s the first MSM account of the law being overturned I’ve seen.
The post mostly repeats what other bloggers have said. But there’s one nugget of new information:
“Sen. Kevin De Leon (D-Los Angeles), who authored AB 962, is considering his legal and legislative options, including a possible appeal, said Dan Reeves, his chief of staff.”
But does Kevin de León have legal standing to sue? IANAL, but from what I’ve read, the governor or attorney general hold that power in such cases. (In Proposition 8, Imperial County has appealed, but its standing has not been decided and is in serious question.)
I think it’s time enough to conclude that the MSM has performed poorly here. The professional reporters got beat by those unkempt pajama-wearing bloggers (who truth be told, were sometimes much more professional and aware than the reporters). The Associated Press cranked out a template story linking the attack on Giffords to a gun convention, when it would have served the public better by covering Tuesday’s hearing, with its important ruling.
Yes, I’m a MSM reporter and believe the press can do a public benefit by providing accurate and impartial news to the public. But it’s awfully hard to make that case with the presence of agenda-driven reporters, busily at work presenting their left-leaning bias to the public under the guise of nonpartisan journalism.
A new law banning sale of mail order ammunition and requiring registration of handgun ammo purchases was thrown out today (Tuesday, Jan. 18, 2011) by a state judge in Fresno.
That’s the word from plaintiffs, at least. I haven’t found any stories from our friends in the MSM about the decision.
The law, AB 962, was signed into law by former Gov. Arnold Schwarzenegger in October, 2009, according to the San Diego Union Tribune. It was scheduled to go into effect Feb. 1, according to the article.
Google News found stories about AB 962 going into effect, but none about the decision suspending the law. Screen grab taken at 4:52 p.m. Jan. 18, 2011
But Superior Court judge Jeffrey Hamilton ruled that the law was “unconstitutionally vague,” according to the California Rifle and Pistol Association, which joined with the National Rifle Association in the lawsuit to block enforcement of the bill.
Here’s another account of the action’s meaning, by C.D. Michel, a gun rights attorney.
“Constitutional vagueness challenges to state laws are extremely difficult to win, particularly in California firearms litigation so this success is particularly noteworthy. Even so, an appeal by the State is likely, but the Court’s Order enjoining enforcement of the law is effective – February 1, 2011 – immediately regardless.”
While I couldn’t find any Associated Press story about the decision, that august news organization did run a story about a firearms industry show in Las Vegas.
Did the AP drag in Jared Laughner and solicit quotes from Democrats linking the firearms industry to criminal violence? Need you even ask?
I’ll update this later with more information.
(DISCLOSURE: This is my opinion, and not necessarily that of my employer, the North County Times).
Comments 5
Brad:
Worth mentioning that Judge Jeffrey Hamilton, who tossed the law out, is a 2005 appointment of Arnold Schwarzenegger. Judge Hamilton, a Republican, was a Deputy DA in Fresno before donning the black robes.
Author
Jim, thanks for that info about Judge Hamilton.
I’m still boggled at how the media missed this decision, and am especially disappointed in the Associated Press. AP is supposed to provide such routine reporting for its subscribers. Even if a reporter couldn’t have been in court, there’s always the phone.
Local media throughout the state failed, too. They ran lots of stories in recent days anticipating the law’s effective date of Feb. 1, some even mentioning the court challenge.
Two special pieces of legislation to look forward to:
1) AB144…another “open carry” ban which has already been proposed.
2) A “fix-it” bill to try and make AB962 work by not being unconstitutionally vague.
Gov. Brown has shown to be pro-gun in the past. A direct quote from Borwn during a private conversation, “it seems like all the bad gun laws have come under Republican governors.” Let’s see if he’ll veto both of these or if it was all just talk and he is beholden to his radical progressive supporters.
Author
Michael, your Facebook post was the first mention I saw of this decision. So thanks for the post. It’s pretty instructive at how news today spreads quickly even without MSM coverage.
We announced there would be a decision from the judge at the NRA Members’ Council meeting on Wednesday January 12th after talking with the office of the NRA’s attorney Chuck Michel.
Anyone who would like to get more involved in fighting for your gun rights and stay well informed on gun issues facing California gun owners, this is your invitation to attend an NRA Members’ Council meeting. No cost, no obligation, you just have to be a member of the NRA. Our meeting time and place is posted here: http://www.sdnra.com