Herrera secures court order to make California communities safer; gun suppliers must halt sale of high-capacity ammo ‘repair kits’ into state

Settlement agreement includes a 10-year injunction with additional restrictions 

“Californians have spoken clearly. We don’t want these weapons in our communities,” said City Attorney Dennis Herrera on securing a court order prohibiting five online gun equipment suppliers from selling high-capacity ammo ‘repair kits’ into state.
SAN FRANCISCO (May 16, 2017) — City Attorney Dennis Herrera today announced that five online gun equipment suppliers have agreed to a stringent 10-year, court-imposed injunction prohibiting them from selling or advertising large-capacity firearm magazines or magazine repair kits to customers in California. The agreement is part of a settlement where the defendants will also face a number of other court-ordered restrictions on their business practices to help ensure that their products do not enter the state. 
 
Herrera sued the suppliers on Feb. 9, 2017 for violating California’s prohibition on the sale and advertisement of large-capacity magazines — military-style ammunition holders that can allow shooters to fire dozens of bullets without reloading. Some magazines hold more than 100 rounds of ammunition. According to the lawsuit, the suppliers had been flouting both state and San Francisco law by selling complete but disassembled large-capacity magazines as “repair” or “rebuild” kits to customers in California and San Francisco. The lawsuit was brought on behalf of the People of the State of California.
 
Large-capacity magazines make guns significantly more lethal and have been used in high-profile mass shootings across the country, including the 2016 Orlando nightclub massacre, which killed 49 people, and the 2015 San Bernardino attack, which killed 14. California has prohibited their sale, manufacture or import since Jan. 1, 2000 to limit the danger they pose to public safety. State law defines large-capacity magazines as those holding more than 10 rounds of ammunition.
 
“Californians have spoken clearly. We don’t want these weapons in our communities,” Herrera said. “I have zero tolerance for gun sellers who try to skirt the law, and we will bring statewide enforcement action when needed. I’m glad we were able to get a tough, enforceable court order against these companies that were flouting the law. ”
 
The settlement agreements were finalized earlier this month, and the court is expected to endorse them in a final judgment today. The defendants have agreed to submit to a stringent, statewide, 10-year injunction that requires them to stop violating the law and to notify California residents that large-capacity magazines may not legally be sold into California. Among other things, defendants have agreed to:
  • cease selling large-capacity magazines or repair kits into California;
  • notify customers on their websites that these products may not be purchased in California;
  • remove California as a billing or shipping option for these items on their websites;
  • permanently delete from their sites any suggestion that these magazines or kits may legally be shipped to California; and
  • produce affidavits to the San Francisco City Attorney’s Office annually certifying that they have complied with the injunction, and with San Francisco and California law. 
The defendants will also collectively pay $22,500 to cover the City Attorney’s investigative costs.
 
“I would like to thank the San Francisco Police Department for their support and cooperation on this case, particularly Officer Joseph Emanuel, who provided compelling expert testimony regarding large-capacity firearms,” Herrera said.
 
The settlement was reached with all of the online retailers that Herrera had sued in February: Badger Mountain Supply, located in Washington; 7.62 Precision in Alaska; Shooters Plus, located in Mississippi; LAK Supply of Wyoming; and Buymilsurp.com, located in Florida.
 
The companies had falsely represented that California and San Francisco consumers may lawfully purchase disassembled large-capacity magazines as “repair kits.” 7.62 Precision, for example, marketed a disassembled magazine as a “California Magazine Rebuild Kit,” saying “these parts kits are intended for California customers only.” Badger Mountain Supply falsely represented to customers on its website that shipping disassembled magazines in two separate packages was permissible under California law. Shooters Plus’ website referenced “ban States such as California” and instructed consumers to “simply click on the magazine/s you need, then click on the checkbox under each magazine that reads ‘Convert to Rebuild Kit,” which enabled a customer to purchase a 30-round magazine and convert it to a rebuild kit for $2, for example. 
 
After California’s 2000 statewide ban, a number of companies tried to skirt the law by selling these so-called magazine repair kits to California residents. In 2013, Herrera sued four companies over the practice, and the state Legislature strengthened the existing law to specifically outlaw the sale or purchase of such “kits.” San Francisco took further action in 2014, enacting a ban on possessing large-capacity magazines, not just buying or selling them. Similarly, state voters in November overwhelmingly approved Prop. 63, which, among other safety steps, will outlaw the possession of large-capacity magazines statewide starting July 1, 2017, with very narrow exceptions.
 
The case is: The People of the State of California v. Badger Mountain Supply, Inc., et al, San Francisco Superior Court, Case No. CGC 17-557010, filed Feb. 9, 2017.  Complete documentation on the case is available on the City Attorney’s website at www.sfcityattorney.org
 
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https://www.sfcityattorney.org/2017/05/16/herrera-secures-court-order-make-california-communities-safer-gun-suppliers-must-halt-sale-high-capacity-ammo-repair-kits-state/
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