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SACRAMENTO, Calif. (AP) — A California affiliate of the National Rifle Association has asked a U.S. judge to block a new law requiring background checks for anyone buying ammunition.The California Rifle & Pistol Association asked San Diego-based U.S. District Judge Roger Benitez to halt the checks and related restrictions on ammunition sales.Voters approved tightening California's already strict firearms laws in 2016. The restrictions took effect July 1.The gun owners' association challenged the ammunition background checks in a lawsuit filed last year and on Monday asked for an injunction, alleging it violates the Second Amendment right to bear arms.RELATED: New ammunition law requires background checksThe lawsuit has been joined by out-of-state ammunition sellers and California residents, including Kim Rhode, who has won six Olympic shooting medals and is trying to become the only person to win seven medals at seven consecutive Games."The scheme purports to funnel everyone seeking to exercise their Second Amendment right to acquire ammunition into a single, controlled source, an in-state licensed vendor, for the purpose of confirming purchasers' legal eligibility to possess ammunition and to keep track of all purchases," lawyer Sean Brady wrote. "While making sure dangerous people do not obtain weapons is a laudable goal for government, California's scheme goes too far and must be enjoined."The motion raised concerns about identification requirements and high rates of denials among ammunition buyers undergoing the new background checks. Moreover, the system blocks out-of-state ammunition vendors from the California market, the motion argues.RELATED: Study: Tougher gun laws lead to fewer firearm-related deaths among childrenThe judge is expected to decide in early August whether to order a halt, though any such decision is almost certain to be appealed.Benitez in October rejected the state's attempt to throw out the lawsuit. He allowed opponents to proceed on arguments that the ammunition restrictions impede interstate commerce and are pre-empted by federal law.The measure "criminalizes all of those (ammunition) transactions with merchants conducting business in other states," he wrote in a preliminary ruling that the restriction "significantly burdens interstate commerce."He also preliminarily supported the argument that the new state law conflicts with a federal law allowing gun owners to bring their firearms and ammunition through California.RELATED: Southern California town of Needles wants to be a sanctuary -- for gun ownersThe California law "criminalizes bringing ammunition into the state that was purchased or obtained outside the state," he wrote.Benitez earlier this year struck down California's nearly two-decade-old ban on high-capacity ammunition magazines. That triggered a week-long buying frenzy before he stopped sales while the state appeals his ruling.The impending ammunition background checks sparked a surge in sales as firearm owners sought to beat new requirements, including that dealers report the brand, type and amount of ammunition to the state Department of Justice.Gun owners who already are in the state's background check database would pay a fee each time they buy ammunition, while others can buy longer-term licenses if they do not have certain criminal convictions or mental health commitments.Gov. Gavin Newsom has criticized Benitez's lifting of the state's ban on magazines holding more than 10 bullets, saying he is confident it will be reinstated by the 9th U.S. Circuit Court of Appeals.Attorneys with San Francisco-based Giffords Law Center to Prevent Gun Violence anticipated that Benitez is likely to block the ammunition restrictions, but the law would eventually be upheld on appeal."Unfortunately this may be the one judge in the country" willing to rule that "people should be able to buy unlimited quantities of ammunition without background checks," staff attorney Ari Freilich, who directs the organization's California legislative affairs, said prior to the filing.Gun owner groups have been pinning their hopes on a more conservative U.S. Supreme Court. But the center's litigation director, Hannah Shearer, said there are unlikely to be the kind of conflicting lower court opinions that would prompt the justices to weigh in.She said courts have upheld ammunition licensing laws in other states and she expects the 9th Circuit would do likewise. 4465
SACRAMENTO, Calif. (AP) — The California Assembly voted Thursday to cap the interest lenders may charge on loans that can carry rates spiraling into the triple digits.Backed by civil rights groups, religious organizations and some trade associations, the proposed law would cap annual rates at around 38% for loans between ,500 and ,000.The bill comes as legislators across the country seek to reign in a storefront lending industry critics accuse of preying on low-income consumers in need of cash and trapping them under mounds of debt for years.But even as the bill advanced, some California lawmakers expressed concern that it will limit choices for consumers with bad credit or little access to banks and other financial products. And the lending industry, which wields significant influence in legislatures as well as in Washington, has launched an advertising campaign in California attacking the bill as it heads to the state Senate, where observers expect a tougher fight.Proponents of capping interest rates point to an explosion in high-interest consumer loans around the state over the last decade.The state already caps interest rates on consumer loans under ,500 but not for amounts over that threshold. In 2009, 8,468 loans for amounts between ,500 and ,000 came with interest rates over 100%, according to data from state regulators. Lenders now issue more than 350,000 loans each year with interest rates in the triple digits. A legislative analysis said at least one out of three borrowers is unable to pay their loans.But proposals to cap interest rates in recent years have faltered at California's Legislature. Several lawmakers still expressed concern about the latest proposal, suggesting it could drive lenders out of the market, pushing consumers with low incomes toward unregulated lenders or cutting off their easy access to capital."Without these alternative financial service providers, those folks would have nowhere else to go," said Democratic Assemblywoman Sydney Kamlager-Dove of Los Angeles.Assembly Speaker Anthony Rendon dismissed arguments the bill would ultimately harm low-income residents."Those are merely talking points of an industry that has repeatedly lied to members of this chamber," he said.Casting the bill as a moral issue, the Democrat said the legislation can be considered as important as any other lawmakers will vote on this year in the country's most populous state.The bill ended up passing with bipartisan support as one Republican legislator cited religious prohibitions on usury."I'm a free-market capitalist and I'm unashamed of it but we need to stand up and protect people who are being preyed upon," said Assemblyman Jordan Cunningham of San Luis Obispo.The support of the financial industry this year, too, may also signal that the sector foresees a reckoning in the state or at least further political uncertainty if lawmakers do not approve limits for loans between ,500 and ,000.The California Supreme Court cast a legal question mark last year over the lending industry's practices, deciding in one class action lawsuit that some interest rates can be so high as to be deemed unconscionable under financial laws.Democratic Assemblywoman Monique Limon of Santa Barbara, the bill's author, also suggested that an interest rate cap could end up on the ballot if the Legislature does not act.If passed, California would join 38 states and the District of Columbia in capping interest rates for these types of loans, according to a legislative analysis. The level proposed in California would be on the higher end.Observers expect a bigger political fight when the bill heads to the state Senate, however.Opponents of the bill have launched an advertising campaign aimed at stopping it.The trade group Online Lenders Alliance has bought ads on Sacramento television stations, according to Federal Communication Commission filings.A group calling itself Don't Lock Me Out California has also bought online ads attacking the bill. 4018
ROCHESTER, N.Y. — A statue of abolitionist Frederick Douglass has been ripped from its base in Rochester on the anniversary of one of his most famous speeches.Police say the statue of Douglass was taken from Maplewood Park and placed near the Genesee River gorge on Sunday.On July 5, 1852, Douglass gave the speech “What to the Slave is the Fourth of July” in Rochester. There was no indication the vandalism was timed to the anniversary.The park was a site on the Underground Railroad where Douglass and Harriet Tubman helped shuttle slaves to freedom.Leaders involved in the statue’s creation tell WROC that they believe the nation’s ongoing focus on race could have played a role in the vandalism.The project director of Re-energize the Legacy of Fredrick Douglass, Carvin Eison, questions whether the damage is some type of retaliation because of the calls to take down Confederate statues.WROC reports that the statue is one of 13 placed throughout Rochester in 2018, and it’s the second figure to be vandalized since then.The damaged statue has been taken for repairs. 1082
SACRAMENTO, Calif. (AP) — As the political battle to overturn California's gas tax increase intensified, the state transportation agency coordinated frequently with the public affairs firm working to block the repeal on behalf of unions, construction companies and local government groups, emails obtained by The Associated Press show.The California State Transportation Agency and Sacramento-based Bicker, Castillo & Fairbanks organized news conferences and other efforts to promote legislation to raise the tax to fund road and bridge repairs, which passed the Legislature in April 2017. After Gov. Jerry Brown signed it, the agency and firm continued planning events and coordinating social media posts as opponents gathered signatures for repeal.Three ethics experts interviewed by the AP said the emails raise concerns that the agency's relationship with the firm was too close, but none saw a clear violation of campaign laws, which prohibit the use of public resources for political campaigns.REPORT: Gas tax funds reportedly being used to campaign against Prop 6The repeal qualified for the November ballot in June. The firm, BCF, continues to work for the anti-repeal coalition, which includes the League of California Cities and the California Chamber of Commerce.Some communications between BCF and the state agency involved politics, according to more than 200 emails from 2017 and the first half of this year obtained by the AP through the California Public Records Act.Last fall, the agency and firm discussed opinion pieces "targeting" U.S. Rep. Darrell Issa and three other vulnerable Republicans in Congress. National Democratic leaders see those seats as key to winning control of the U.S. House.RELATED: Caltrans' gas tax freeway signs raise concerns with FedsIn January, a BCF partner, Kathy Fairbanks, communicated with the agency about designing a campaign logo for Proposition 69, a June ballot measure involving how gas tax proceeds are spent. And an undated memo shows the agency and firm also planned to coordinate efforts for several months through the primary.Loyola Law School Professor and government ethics expert Jessica Levinson said the relationship between the firm and agency appears too close, and the exchange about the congressmen crossed an ethical line.RELATED: California campaign watchdog investigates gas tax campaign"I mean way over the line," she said.BCF and agency officials said the communications were appropriate to educate the public about the law and that they ramped down coordination when the firm took an official campaign role."Clearly the agency was trying to coordinate with the campaign, and they shouldn't have," said Bob Stern, a government ethics expert who helped write California's campaign laws. But he added the actual amount of time government workers spent coordinating with the firm was likely minimal.Ann Ravel, who served on the Federal Election Commission and California's Fair Political Practices Commission, said the volume of emails raises questions about whether the agency aided one side.RELATED: Poll: Support strong for Proposition 6, which repeals California's gas tax"It seems like maybe it's a little too cozy, but I wouldn't say that it's clearly inappropriate," Ravel said.The legislation approved last year raised gas taxes by 12 cents per gallon and added diesel and vehicle fees to generate billion annually. Proposition 6 would repeal the increase and require voters approve gas and vehicle tax increases.The ballot measure is a centerpiece of California Republicans' efforts to boost turnout. GOP Congress members — including House Speaker Paul Ryan of Wisconsin, Majority Leader Kevin McCarthy of Bakersfield and Orange County's Mimi Walters — are among the repeal's biggest financial backers.Leaders of the repeal campaign have asked the federal government to investigate their claims that public resources have been used against them, based on emails and other documents that show local government workers discussing the repeal effort. Those documents are different from the ones the AP obtained. Opponents also circulated a video of a Caltrans contractor passing out anti-Proposition 6 fliers to drivers.The California Department of Transportation, known as Caltrans, falls under the state transportation agency.Melissa Figueroa, the agency's deputy secretary for communications and strategic planning, said it's the agency's job to inform the public about the impact of laws, and it has done so in the past, including for California's "motor voter" registration law."We're trying to be good stewards of taxpayer dollars," Figueroa said.The agency communicated much less frequently with the firm and stopped coordinating social media posts once the official anti-Proposition 6 campaign started, Figueroa said."Prior to that point, it was more of a collaborative effort because they were not in campaign mode," Figueroa said.BCF partner Brandon Castillo said the coalition registered as a fundraising committee in December and officially became a ballot measure campaign in March to support Proposition 69.BCF and other gas tax supporters routinely asked the agency for information, but they did not coordinate on creating campaign materials, Figueroa said. The agency also fulfilled numerous public records requests filed by gas tax opponents, she said.However, an undated memo outlining agency and coalition plans from March through the primary election shows the firm and the agency coordinated the timing of announcements and events. It details plans for the state to tout new construction projects while the coalition campaigned for Proposition 69.The agency and coalition coordinated their schedules, but the agency wasn't involved in campaigning for Proposition 69, Figueroa said.Castillo sent the email about op-eds focused on GOP candidates Sept. 20, 2017."Hey Melissa — We're penning opeds (sic) targeting the following congressional republicans," he wrote. He identified Reps. Jeff Denham, Steve Knight, Walters and Issa and asked Figueroa for information about projects funded by the gas tax increase in their districts.At the time, the coalition was working to persuade California's influential Republican congressional delegates to reject the repeal.Several days after Castillo's email, Figueroa suggested she or Brian Kelly, then the agency's leader, help find an author for the piece targeting Issa, considered the most vulnerable California incumbent before he decided against seeking re-election.Castillo responded saying coalition members were working on it and asked: "Do you have anyone in mind that could influence Republicans/Issa?"The documents obtained by the AP don't include further exchanges on the issue. In interviews, Castillo and Figueroa said the agency never suggested an author. Figueroa said she offered help because the op-ed would educate people in Issa's district.The piece ultimately was written by the mayor of Encinitas, a suburb north of San Diego, and ran the following month in the San Diego Union-Tribune. It touted projects in the district funded by the gas tax increase but didn't mention Issa.Levinson found the exchange surprising because it seemed to directly reference campaign activities."I don't want to say it's a smoking gun, but that is so much more explicit than I ever would have predicted they would be," she said.Prominent gas tax repeal supporters, including gubernatorial candidate John Cox and conservative activist Carl DeMaio, criticized the agency's activity."It's against the law, and it also shows that you can't trust them with money," DeMaio said. "I think that what you're seeing is just the tip of the iceberg." 7732
SACRAMENTO, Calif. (AP) — A Northern California Republican is set to join her husband in the state Legislature, with her Democratic special election opponent conceding but promising a rematch next year.Megan Dahle had 58% of Tuesday's special election vote to 42% for Democrat Elizabeth Betancourt.Dahle is set to succeed her husband, Brian, a Republican who represented Assembly District 1 until he won a special state Senate election in June.Close the Gap California says she'll give California's 120-member Legislature a new state record of 38 women.Dahle and her husband have a wheat farm and a related seed grain transport business in Bieber, 250 miles northeast of Sacramento. The sprawling Assembly district covers nine counties from suburban Sacramento to the state's northeastern corner and covering all or parts of nine counties. 847