Measure C in the Courts |
Measure C Lawsuits |
- Two lawsuits:
- U.S. Firearms + National Shooting Sports Foundation (NSSF) v. Sunnyvale (ammunition logs)
- Fyock v. Sunnyvale (large capacity ammunition magazines (LCAM))
- Farella Braun + Martel LLP law firm is representing the city of Sunnyvale Pro Bono.
- So far the courts have upheld Measure C against all challenges.
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U.S. Firearms (and the NSSF) v. Sunnyvale
(Dec 9, 2013), Superior Court of CA, SC county |
- Seeks to invalidate ammunition sales logs and reporting of lost and stolen weapons. Their claims:
- Patchwork of laws is hard to comply with
- Preempted by and conflicts with State and Federal law
- Permits police officers to investigate law-abiding citizens without suspicion
- Collects statutorily protected personal information on the basis of their constitutionally recognized rights
- Current Status
- 12-18-13 Temporary restraining order denied vs. sales logs (law takes effect on Dec 6)
- 3-25-14 Santa Clara County Superior Court refuses preliminary injunction against ammunition sales logs in Sunnyvale.
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Fyock v. Sunnyvale (Dec 16 2013), Federal suit |
- Their claim:
- Ban on large capacity ammunition magazines (LCAM) violates right to keep and bear arms under the 2nd Ammendment.
- Current Status
- 3-12-13 Supreme Court Justice Kennedy denies order to block enforcement of LCAM ban (3-10-14 Petition Supreme Court for a stay)
- 3-6-14 Ninth Circuit Court denies emergency stay
- 3-5-14 Ninth US Circuit Court of Appeals denies a preliminary injunction against LCAM ban; Mar 6 deadline to dispose of LCAMs holds.
- 11-17-14 Arguments heard before 9th Circuit Court of Appeals.
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Other Cases |
- 2-20-14: San Francisco LCAM ban upheld; goes into effect April 7
- 3-25-14: San Francisco safe storage law upheld.
- Courts are closely watching these similar cases.
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