Michel & Associates Files NRA Backed Lawsuit Against City of Sunnyvale’s Gun Control Measure

Long Beach, California (PRWEB) December 20, 2013

Attorneys at Michel & Associates filed a lawsuit, supported by the National Rifle Association, in federal court on Monday on behalf of several local residents against the City of Sunnyvale. The lawsuit challenges the initiative in Sunnyvale’s recently passed Measure C that bans the possession of gun magazines capable of holding more than ten rounds. The lawsuit seeks to confirm that the Second Amendment protects these common, standard-capacity magazines for self-defense and sporting purposes.

The Sunnyvale ordinance allows for confiscation of any prohibited magazines and, due to state laws restricting their transfer, they cannot be replaced. Sunnyvale's ordinance, which took effect on December 6, 2013 will allow residents until March 6, 2014 to turn in their lawfully-possessed gun magazines to the police, remove them from the city in the few cases where it might be legal, or transfer them to a licensed firearms dealer.

The ordinance is the first California gun control measure to apply to active police officers, who will also be forced to surrender their magazines and will be limited to using reduced-capacity firearms for self-defense in their homes. Although the law exempts some retired law-enforcement officers who are authorized to carry a concealed firearm, the law only exempts magazines possessed by active law enforcement officers while acting “within the course and scope of their duties.” Under California law, an officer is not considered to be acting within this scope the majority of time that he or she is not officially on duty.

The Sunnyvale suit argues that magazines holding more than ten rounds are standard equipment for many popular pistols and rifles throughout the country and that a majority of pistols in the United States are manufactured and sold with magazines holding between ten and seventeen rounds. By allowing residents and visitors to Sunnyvale to only possess firearms with reduced-capacity magazines, the suit alleges that the City unconstitutionally limits the number of rounds that its law-abiding residents will have to protect themselves. The plaintiffs argue this will endanger public safety by giving violent criminals an advantage and decreasing the likelihood that a victim will survive a criminal attack.

Sport shooters traveling through Sunnyvale with these magazines will also be subject to prosecution, even if they are unaware of the law.

The plaintiffs are asking for an injunction to prevent the law from taking effect.

Case Number: CV13-05207
Complaint: http://www.michellawyers.com/fyock-v-sunnyvale/
Court of Origin: Federal - 9th Circuit, Northern District, San Jose Division

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