In an amended complaint, the Second Amendment Foundation and Calguns Foundation, have filed a federal lawsuit, challenging the constitutionality of California’s ban on “assault weapons.” They claim that the statute is “vague and ambiguous” which is an understatement. A plaintiff in the case has been falsely arrested two times as a result of California’s anti-gun laws. Being deprived of rights and being falsely arrested should not stand.
SAF is joined in the lawsuit, which was filed in U.S. District Court for the Northern District of California, by the CalGuns Foundation and Brendan John Richards, an honorably-discharged Marine and Iraq war veteran, who was arrested and jailed in May 2010 and August 2011. On both occasions, charges against Richards were dismissed when it was determined that he had not violated the law because firearms in his possession on both occasions were not “assault weapons” as defined by California law. They are represented by attorneys Donald Kilmer of San Jose and Jason A. Davis of Mission Viejo.