Claiming that Proposition 117's import ban - Section 4800 of California's Fish and Game Code - violates the Constitution's Commerce Clause and the Equal Protection Clause of the 14th Amendment, Safari Club International (SCI) recently filed suit against California State Attorney General Kamala Harris, in Federal Court.
The California Fish and Game Code SCI is challenging, 4800 (b) (1), states that "It is unlawful to take, injure, possess, transport, import, or sell any mountain lion or any part or product thereof, except as specifically provided in this chapter . . ."
This section of Proposition 117 - the California Wildlife Protection Act of 1990 - was intended, in part, to assist the California Department of Fish and Wildlife (CDFW) in stopping the illegal black market trade in biologicals - or in other words, mountain lion parts.
If repealed the illegal poaching of mountain lions in California can be expected to skyrocket and CDFW's law enforcement efforts crippled since no one could easily prove that the lion carcass in question was not legally killed and then brought in from out of state.
This is not the first time SCI has tried to stop or overturn the 1990 citizen-placed initiative to protect California's mountain lions. The Club's most notable efforts were its opposition to Proposition 117's passage in 1990, and SCI's own competing initiative (Proposition 197) which failed at the ballot box in 1996.