Case 3:17-cv-01017-BEN-JLB Document 50-8 Filed 03/05/18 PageID.4579 Page 1 of 195 1 C.D. Michel – SBN 144258 Sean A. Brady – SBN 262007 2 Anna M. Barvir – SBN 268728 Matthew D. Cubeiro – SBN 291519 3 MICHEL & ASSOCIATES, P.C. 4 180 E. Ocean Boulevard, Suite 200 Long Beach, CA 90802 5 Telephone: (562) 216-4444 Facsimile: (562) 216-4445 6 Email: [email protected] 7 Attorneys for Plaintiffs 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 11 VIRGINIA DUNCAN, et al., Case No: 17-cv-1017-BEN-JLB 12 Plaintiffs, DECLARATION OF ANNA M. 13 BARVIR IN SUPPORT OF v. PLAINTIFFS’ MOTION FOR 14 SUMMARY JUDGMENT OR, XAVIER BECERRA, in his official ALTERNATIVELY, PARTIAL 15 capacity as Attorney General of the State SUMMARY JUDGMENT; 16 of California, EXHIBITS 1-5 17 Defendant. Hearing Date: April 30, 2018 Hearing Time: 10:30 a.m. 18 Judge: Hon. Roger T. Benitez Courtroom: 5A 19 20 21 22 23 24 25 26 27 28 1 DECLARATION OF ANNA M. BARVIR 17cv1017 Case 3:17-cv-01017-BEN-JLB Document 50-8 Filed 03/05/18 PageID.4580 Page 2 of 195 1 DECLARATION OF ANNA M. BARVIR 2 1. I am an attorney at the law firm Michel & Associates, P.C., attorneys of 3 record for Plaintiffs in this action. I am licensed to practice law before the United 4 States District Court for the Southern District of California. I am also admitted to 5 practice before the Eastern, Central, and Northern Districts of California, the courts of 6 the state of California, the Supreme Court of the United States, and the D.C., Fourth, 7 Ninth, and Tenth Circuit Courts of Appeals. I have personal knowledge of the facts set 8 forth herein and, if called and sworn as a witness, could and would testify competently 9 thereto. 10 [Expert Reports] 11 2. On October 6, 2017, Plaintiffs served Defendant with Plaintiffs’ 12 Disclosure of Expert Witnesses in this matter. Two exhibits were attached to 13 Plaintiffs’ disclosure: (1) the Expert Report of Mr. James Curcuruto; and (2) the 14 Expert Report of Mr. Stephen Helsley. A true and correct copy of Mr. Curcuruto’s 15 expert report, as appended to Plaintiffs’ Disclosure of Expert Witnesses, is attached 16 hereto as Exhibit 1. A true and correct copy of Mr. Helsley’s expert report, as 17 appended to Plaintiffs’ Disclosure of Expert Witnesses, is attached hereto as Exhibit 18 2. 19 3. On November 3, 2017, Plaintiffs served Defendant with Plaintiffs’ 20 Disclosure of Rebuttal Expert Witnesses in this matter. Two exhibits were attached to 21 Plaintiffs’ disclosure: (1) the Expert Rebuttal Report of Professor Gary Kleck; and (2) 22 the Expert Rebuttal Report of Professor Carlisle Moody. A true and correct copy of 23 Professor Kleck’s expert rebuttal, as appended to Plaintiffs’ Disclosure of Rebuttal 24 Expert Witnesses, is attached hereto as Exhibit 3. A true and correct copy of 25 Professor Moody’s expert rebuttal, as appended to Plaintiffs’ Disclosure of Expert 26 Witnesses, is attached hereto as Exhibit 4. 27 / / / 28 / / / 2 DECLARATION OF ANNA M. BARVIR 17cv1017 Case 3:17-cv-01017-BEN-JLB Document 50-8 Filed 03/05/18 PageID.4581 Page 3 of 195 1 4. On October 6, 2017, Defendant served Plaintiffs with the Expert Report 2 of Dr. Christopher S. Koper. A true and correct copy of Dr. Koper’s expert report, 3 without the appendices attached, is attached hereto as Exhibit 5. 4 5. On November 3, 2017, Defendant served Plaintiffs with the Expert 5 Rebuttal Report of John J. Donohue. A true and correct copy of Donohue’s expert 6 report is attached hereto as Exhibit 6. 7 [Firearm and Magazine Basics] 8 6. A true and correct copy of the Wikipedia page for “Magazine (firearms)”, 9 https://en.wikipedia.org/wiki/Magazine_(firearms) (last visited Mar. 1, 2018) is 10 attached as Exhibit 7. 11 7. A true and correct copy of pages 33-36 from NRA Guide to the Basics of 12 Pistol Shooting (2d ed. 2009) is attached as Exhibit 8. 13 8. A true and correct copy of pages 22-36 of John Malloy, Complete Guide 14 to Guns & Shooting (DBI Books, Inc. 1995) is attached as Exhibit 9. This excerpt 15 describes various rifle types and magazines. 16 9. A true and correct copy of pages 95-99 of John Malloy, Complete Guide 17 to Guns & Shooting (DBI Books, Inc. 1995) is attached as Exhibit 10. This excerpt 18 describes semi-automatic pistols. 19 10. A true and correct copy of Rick Hacker, Magazine Disconnect, Am. 20 Rifleman (Sept. 11, 2015) is attached as Exhibit 11. This article explains the function 21 of the “magazine disconnector” or “magazine disconnect safety.” 22 [History of Firearms and Magazines Capable of Holding More than Ten Rounds] 23 11. A true and correct copy of David B. Kopel, The History of Firearm 24 Magazines and Magazine Prohibitions, 78 Albany L. Rev. 849 (2015), is attached as 25 Exhibit 12. 26 12. A true and correct copy of pages 168-70 of Lewis Winant, Firearms 27 Curiosa (2009) (1st pub. 1954) is attached as Exhibit 13. A true and correct copy of 28 16-Shot Wheel Lock, Am.’s 1st Freedom (May 10, 2014), available at http:// 3 DECLARATION OF ANNA M. BARVIR 17cv1017 Case 3:17-cv-01017-BEN-JLB Document 50-8 Filed 03/05/18 PageID.4582 Page 4 of 195 1 www.nrapublications.org/index.php/17739/a-16-shot-wheel-lock/, is attached as 2 Exhibit 14. Thee references document the first known firearm able to fire more than 3 ten rounds without reloading: a 16-shooter using “superposed” loads. 4 13. A true and correct copy of Clayton E. Cramer & Joseph Olson, Pistols, 5 Crime, and Public Safety in Early America, 44 Willamette L. Rev. 699 (2008) is 6 attached as Exhibit 15. This law review article documents, inter alia, the continued 7 development of multi-shot firearms through the seventeenth and eighteenth centuries. 8 14. A true and correct copy of “Defence” Rapid-Fire Gun Patented: 15 May 9 1718, History Channel, http://www.historychannel.com.au/classroom/day-in- 10 history/600/defence-rapid-fire-gun-patented (last visited Mar. 1, 2018) is attached as 11 Exhibit 16. This article documents the introduction of the Puckle “Defence Gun,” 12 “the first-well documented rapid-fire gun in the world,” in 1718. The “Defence Gun” 13 “held 11 charges and could fire 63 shots in seven minutes, or 9 shots per minute.” 14 15. A true and correct copy of pages 91-103 of Jim Garry, Weapons of the 15 Lewis and Clark Expedition (2012) is attached as Exhibit 17. A true and correct copy 16 of pages 69-70 of John Plaster, The History of Sniping and Sharpshooting (2008) is 17 attached as Exhibit 18. A true and correct copy of page 31 of Jim Supica, Doug 18 Wicklund & Philip Shreier, Treasures of the NRA National Firearms Museum (2013) 19 is attached as Exhibit 19. A true and correct copy of the Wikipedia page for the 20 Girandoni Air Rifle, http://en.wikipedia.org/wiki/Girandoni_Air_Rifle (last visited 21 Mar. 1, 2018) is attached as Exhibit 20. These resources document the Founding-era 22 popularity of the Girandoni air rifle, with a 20- or 22-shot capacity, and detail its 23 many uses. 24 16. A true and correct copy of page 683 of Norm Flayderman, Flayderman’s 25 Guide to Antique American Firearms and Their Values (9th ed. 2007) is attached as 26 Exhibit 21. This excerpt of Flayderman’s Guide documents the introduction of the 27 Jennings multi-shot flintlock rifle in 1821 which, according to this resource, allowed 28 12 shots without reloading. 4 DECLARATION OF ANNA M. BARVIR 17cv1017 Case 3:17-cv-01017-BEN-JLB Document 50-8 Filed 03/05/18 PageID.4583 Page 5 of 195 1 17. A true and correct copy of page 33 of Jim Supica, Doug Wicklund & 2 Philip Shreier, Treasures of the NRA National Firearms Museum (2013) is attached as 3 Exhibit 22. A true and correct copy of pages 16, 148-49 and 167 of Jack Dunlap, 4 American British and Continental Pepperbox Firearms (1964) is attached as Exhibit 5 23. A true and correct copy of pages 249-50 from Lewis Winant, Firearms Curiosa 6 (2009) (1st pub. 1954) is attached as Exhibit 24. A true and correct copy of page 66 7 of Catalogue of Contents: Doe Run Lead Company’s Museum (July 1, 1912) is 8 attached as Exhibit 25. These sources document some advancements in pistol 9 technology from the early 1800s that permitted more than ten shots to be fired without 10 reloading, including a variety of “Pepperbox” pistols that had capacities over 10 11 rounds. 12 18. A true and correct copy of pages 711, 713, and 716 of Norm Flayderman, 13 Flayderman’s Guide to Antique American Firearms and Their Values (9th ed. 2007) 14 is attached as Exhibit 26. These pages document several different firearm designs in 15 the 1830s to 1850s that increased ammunition capacity beyond ten rounds. 16 19. A true and correct copy of pages 9-44 of Harold F. Williamson, 17 Winchester: The Gun That Won the West (1952) is attached as Exhibit 27. A true and 18 correct copy of pages 303-06 of Norm Flayderman, Flayderman’s Guide to Antique 19 American Firearms and Their Values (9th ed.