OOIDA v. Lindley
OOIDA v. Lindley
OOIDA v. Lindley is a case seeking to a judicial declaration that Penal Code section 12318 (AB962) is unconstitutional and unenforceable because it is in direct conflict with federal law.
OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC., ERIK ROYCE, BRANDON ELIAS, FOLSOM SHOOTING CLUB, INC., THE CALGUNS FOUNDATION, INC., and NATIONAL RIFLE ASSOCIATION, INC. Plantiffs, vs. STEVE LINDLEY; THE STATE OF CALIFORNIA; THE CALIFORNIA DEPARTMENT OF JUSTICE; DOES 1-10 Defendants.
The case is case number 2:10-cv-02010. Docket filed in U.S. District Court Eastern District of California Sacramento Division
- December 2, 2010: Judge England dismisses the case as not yet ripe:
Plaintiffs’ claims are not ripe for review. They cannot demonstrate any current harm or a sufficiently immediate concern. No one can yet anticipate how California’s bill will affect Plaintiffs and/or their business. No case or controversy exists at this time. Therefore, Plaintiffs’ case is DISMISSED without prejudice, and Defendant’s Motion to Dismiss (ECF No. 11) is DENIED as moot.
Discussion at Calguns here.
- November 4,2010 Plaintiffs file Opposition to Motion to Dismiss
- November 18, 2010 - hearing requested for this date to hear the motion to dismiss
- September 17, 2010 - Motion to dismiss filed by defendants
- July 28, 2010 - Complaint filed
Commentary and Analysis
Calguns Discussion Threads
Specifically, Plaintiffs seek:
- A declaration that Penal Code section 12318 is preempted by federal law under the FAAAA and the Supremacy Clause – because those provisions purport to regulate the routes, rates, and services utilized for shipping and delivery and sale of ammunition to a person in California, and what data delivery services must now collect from shippers of such packages;
- A declaration that California Penal Code section 12318 is preempted by federal law under the FAAAA and the Supremacy Clause as applied to motor carriers and air/ground intermodal carriers – because the provision purports to regulate from whom and to whom such carriers may make a delivery of ammunition in California; and
- A permanent injunction enjoining Defendant from enforcing California Penal Code section 12318 altogether, and from enforcing them against motor carriers and air/ground intermodal carriers and otherwise legal recipients of ammunition