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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) — California lawmakers on Thursday approved a 4.8 billion state budget that would spend more on health care and education, bolster the state's top firefighting agency following devastating wildfire seasons, and boost state reserves.The spending plan was passed with separate votes by the state Assembly and Senate. It now goes to Gov. Gavin Newsom, who is expected to sign it in the coming days."What a luxury we have, to get to stand here and argue over where we should put our savings, how we should spend some of the additional money we have to support struggling Californians," said Senate President Pro Tempore Toni Atkins, a San Diego Democrat.Democrats in both chambers overwhelmingly backed the budget, while Republicans rejected it, arguing it spends money on the wrong priorities.The massive bill, totaling more than 900 pages, divvies up tax dollars in the nation's most populous state. Lawmakers must still pass more than a dozen other trailer bills to implement it.The measures could contain important details, including implementing a monthly fee on cellphone bills to pay for upgrades to the 911 system.The spending plan is the first under Newsom, who took office in January and has positioned himself as resistor-in-chief to Republican President Donald Trump.The Trump administration has sought to weaken former President Barack Obama's health care law by eliminating a tax on people who refuse to purchase private health insurance.The proposed budget before Newsom would bring that tax back, using part of the money to make California the first state in the country to help middle class families pay a portion of their monthly health insurance premiums.While the Trump administration continues to crack down on illegal immigration, the budget passed Thursday would make California the first state to give some adults living in the country illegally government-funded health insurance.Health care for those people is part of Democrats' plan to eventually get everyone in California to have health insurance.The proposal has angered Republican lawmakers, who argue it's not fair to tax people in the country legally for not buying health insurance while making people living in the country illegally eligible for taxpayer-funded health insurance."I just don't get the prioritization," Republican Sen. John Moorlach of Costa Mesa said ahead of the vote. He noted he legally immigrated to the U.S. from the Netherlands in 1960.The budget proposal includes increases in public education, which would bring state spending to ,018 for every student in K-12 public schools. It would give grants of up to ,000 to students studying to be teachers if they promise to teach subjects impacted by the teacher shortage, including science, technology, math and engineering.Democratic Assemblyman Al Muratsuchi of Torrance said the state should invest even more in public schools, though he voted to pass the spending plan."Let's not be fooled by the dollar amount. We are just allocating the minimum," he said. "That is not bold, Mr. Governor."Following the state's deadliest wildfire season in history, the plan includes .3 million for the California Department of Forestry and Fire Protection to buy 13 new fire engines and hire 131 people to operate them.It also includes .1 million to accept seven used C-130 air tankers from the federal government. The aircraft are free, but the state must pay to maintain and operate them. 3477
SACRAMENTO (AP) — California is seeking to join the Justice Department in its antitrust lawsuit against Google parent Alphabet Inc. The Justice Department sued Google in October, saying it has abused its dominance in online search and advertising. The case, filed in federal court in Washington, D.C., alleges that Google uses billions of dollars collected from advertisers to pay phone manufacturers to ensure Google is the default search engine on browsers. Eleven states, all with Republican attorneys general, joined the federal government in the lawsuit at the time. California is the first Democratic state announcing its intent to join the Justice Department’s case. 681
Robert O'Brien, President Donald Trump's national security adviser, has tested positive for COVID-19, according to CNN and Bloomberg.Both CNN and Bloomberg report that O'Brien has been working from home since last week.It's unclear when the last time O'Brien met directly with the president, but CNN reports that their last public appearance together came on July 10.O'Brien is the highest-ranking member of the Trump administration to contract the coronavirus. In May, a member of Vice President Mike Pence's staff contracted the virus. 545
SACRAMENTO (AP) — California on Thursday temporarily banned insurance companies from dropping customers in areas affected by more than a dozen recent blazes, invoking a new law for the first time as homeowners in the wildfire-plagued state struggle to find coverage while carriers seek to shed risk.The order from Insurance Commissioner Ricardo Lara will last for one year, and it only covers people who live inside or next to the perimeter of 16 different wildfires that burned across the state in October. The Department of Insurance estimates the moratorium will affect 800,000 policies covering millions of people in portions of Los Angeles and Riverside counties in Southern California and Sonoma County in the northern part of the state.The move comes as regulators are aggressively trying to assist homeowners in wildfire-prone areas who say they are being pushed out of the commercial insurance market as climate change makes fires larger and more frequent.RELATED: Cal Fire: Acres burned across the state is much lower in 2019 than 2018Seven of the 10 most destructive wildfires in California history have happened in the last five years — including 2018′s Camp Fire, which destroyed roughly 19,000 buildings and killed 85 people in and around the Northern California town of Paradise. That blaze alone generated more than billion in insurance claims, according to the Department of Insurance.Since 2015, state officials say insurance companies have declined to renew nearly 350,000 policies in areas at high risk for wildfires. That data does not include information on how many people were able to find coverage elsewhere or at what price.One of those homeowners is Sean Coffey, who said he and his wife have struggled to maintain fire insurance on their home in Oakland.“The pattern repeated itself almost every year since we bought our house. We would have (coverage) for 10 months. In the fall, we would get a notice we are being dropped,” he said.RELATED: Study: Alien grasses are making more frequent US wildfiresCoffey now buys fire insurance from the California Fair Access to Insurance Requirements Plan, an insurance pool mandated by state law that is required to sell policies to people who can’t buy them through no fault of their own. He must purchase a second policy to cover risks other than fire.FAIR Plan policies in wildfire-prone areas have grown an average of 8% each year since 2016, according to the Department of Insurance. Last month, Lara ordered the FAIR Plan to begin selling comprehensive policies next year that cover more than just fire damage. FAIR Plan Association President Anneliese Jivan called that order “a misguided approach,” saying it will make all of the plans more expensive.Lara has the authority to order the moratorium under a bill he authored while in the state Senate last year that was signed into law by former Gov. Jerry Brown. The law took effect in January, and this is the first time regulators have used it.In addition to ordering the moratorium, Lara called on insurance companies to voluntarily stop dropping customers solely because of wildfire risk.RELATED: Bigger, longer blackouts could lie ahead in California“I believe everyone in the state deserves this same breathing room,” Lara said.A spokeswoman for the American Property Casualty Insurance Association did not immediately respond to a request for comment.While state officials rush to assist homeowners, a new report from California Auditor Elaine Howle said the state did not do enough to protect non-English speaking, elderly and other vulnerable residents during three of the state’s most devastating fires in recent years.The audit covered Butte County, site of 2018′s Camp fire, plus the 2017 Thomas Fire that burned more than 281,000 acres in Ventura County and 2017 fires in Sonoma County that killed 24 people. The audit found none of the three counties had assessed its residents to determine who might need extra help and whether resources were available to help such people, such as transportation, during a natural disaster.The audit also scolds the state oversight agency, the Governor’s Office of Emergency Services, for failing to assist counties in developing such plans and reviewing any plans in place.Howle says it was impossible to determine whether lives could have been saved “if the counties had planned differently or more fully implemented the best practices”her office recommends in the report.” But she noted that “inadequate plans and insufficient planning are proven contributors to failure.” 4561