SAN FRANCISCO (CN) – Two gun owners cannot force the California attorney general to prevent law-enforcement agencies from arresting people in possession of assault-weapon lookalikes, a federal judge ruled.
Mark Haynie and Brendan Richards were each arrested for allegedly owning assault weapons in 2009 and 2010. Haynie’s rifle had a “bullet button,” which makes the rifle’s magazine detachable, and could not be identified under California penal code as an actual banned assault weapon. Haynie was released, but sued the city of Pleasanton, claiming he feared future wrongful arrests. Richards spent six days in jail after his arrest after the Department of Justice found none of his firearms were assault weapons. Haynie and Richards were joined by the Calguns Foundation and Second Amendment Foundation in a consolidated lawsuit claiming California Attorney General Kamala Harris and the Department of Justice should issue bulletins distinguishing guns with “bullet buttons” from assault rifles.
U.S. District Judge Susan Illston refused to issue the order, finding Haynie and Richards have no basis for their claim that they are in danger of future arrests…..