Yesterday, counsel for plaintiffs Brendan Richards, Mark Haynie, The
Calguns Foundation, and the Second Amendment Foundation filed an amended
complaint in the case of Haynie, et al. v. Kamala Harris, et al., a federal civil rights lawsuit challenging California’s “Assault Weapons” laws as unconstitutional.
The court filing states that plaintiffs seek “injunctive and
declaratory relief against Defendants [Kamala Harris and DOJ] that the
California Penal Codes and Regulations defining Assault Weapons are
unconstitutionally vague and ambiguous and therefore result in
wrongful arrests and seizures of lawfully possessed/owned arms.” The
filing also claims that “the unconstitutionally vague and ambiguous
definitions of assault weapons and the ongoing risk of arrest and
seizure have a chilling effect on the fundamental right to keep and bear
arms of ordinary and common design as protected by the Second Amendment
to the United States Constitution.”
The case stems from a series of unconstitutional arrests and property
seizures relating to firearms mis-identified as “assault weapons” by
law enforcement. Mr. Richards was himself improperly arrested and had
legal firearms seized twice on two difference occasions by two different
law enforcement agencies since 2010.
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