NRA Pre-Litigation Demand: Repeal of S.F. Gun ordinances

[MikeHaas]

Please Distribute Widely To All Gun Owners/Groups
-----------------------------------
NRA MEMBERS' COUNCILS OF CALIFORNIA

02/04/2004
-----------------------------------

Aggressive action by NRA's California legal team has resulted in the repeal of many local ordinances. Over the past two years approximately 40 cities have repealed ineffective and agenda-driven "Saturday night special" bans, "trigger lock" laws and "assault weapon" ordinances.

As San Francisco assesses their current firearms regulations, NRA attorneys are making sure proper attention is given to the illegal fifty caliber ban, stolen gun reporting requirements and other issues via a pre-litigation demand letter supporting the repeal of the many unlawful ordinances in the San Francisco Municipal Code.

http://NRAMembersCouncils.com/local/sf/letter040126.shtml

Join with thousands of other California NRA members to save your rights at:
http://NRAMembersCouncils.com/volunteer/

For the latest in California firearms-related legislation and laws, visit:
http://NRAMembersCouncils.com/legs.shtml
...and...
http://CalGunLaws.com/

======================
* 2003 : A BANNER Year for California Gun-Rights
--- http://NRAMembersCouncils.com/caspecial/sum2003.shtml
* LaPierre exposes CNN falsification of "Assault Weapon" info
--- http://NRAMembersCouncils.com/wayne/cnn/
* The CA NRA Members' Councils' Life-Death Clock (As time goes by...)
--- http://NRAMembersCouncils.com/lifeclock/
* ONLINE Calendar of California Firearms-related Events
--- http://NRAMembersCouncils.com/cgi-bin/calendar.cgi
!!! Submit your group's events via it's online interface !!!
======================
Provided as a service of the NRA Members' Councils of California

 

[Jim Diver]

Sure... this makes a ton of sense.. fight the redundant law that only a few people are affected by and not the big state wide ones that everyone lives under...

Fighting the easy targets... not the meaningful ones.

 

[Pendragon]

aka: fighting the battles you know you can win.

While I think the NRA could do more in CA, it is good to have them drawing the line at the local level - this can really help stupid local laws get removed and not get momentum and become state laws.

There are a lot of petty despots at the local and regional level who try and "make a name" by "fighting guns" - Debra Ortiz comes to mind (a dangerous occurance without a barf bag in reach).

Putting a little smack on these people and their pet projects can keep them from gaining traction and becoming bigger problems.

 

[stv]

I'm particularly interested in the so-called "Ultra-concealable handgun ban."

SEC. 613.10-2. SALE OF ULTRACOMPACT FIREARMS RESTRICTED.
(a) Findings. The Board of Supervisors finds as follows:
(1) A number of other states have enacted legislation to facilitate the issuance of licenses to carry concealed firearms with the result that firearms manufacturers have been designing and marketing ultracompact handguns to respond to the development of the market created by the relaxation of concealed weapons laws in these states.
(2) These ultracompact handguns are designed to allow the complete concealment of the weapon on the person.
(3) In contrast to those states that have relaxed requirements for issuance of licenses to carry concealed weapons, California has not done so. Moreover, in San Francisco, permits to carry concealed weapons are issued only in very limited circumstances. There are currently fewer than ten individuals authorized by the City to carry concealed weapons.
(4) Because concealed weapons permits are rarely issued in San Francisco, any legitimate market for concealable ultracompact handguns is exceedingly small.
(5) Ultracompact handguns have no legitimate hunting or sporting purpose, and are ill-suited for use as a means to defend one's home or property, since the short barrel length makes them inherently inaccurate.
(6) A national study of weapons confiscated by law enforcement agencies found that a substantial majority of the handguns confiscated have a barrel length of less than three inches.
(7) A survey of incarcerated felons found that easy concealment is very often an important consideration in the selection of handguns that are later used to commit crimes.
(8) A study of persons in California found that persons whose applications for the purchase of a handgun were denied based on prior criminal activity were more likely to attempt to purchase small, highly concealable handguns than are potential purchasers whose applications were not denied.
(9) A study of handgun owners in one state found that 67 percent of felons but just 30 percent of other handgun owners reported owning a handgun with a barrel length of three inches or less.
(10) Because there is evidence that criminals prefer smaller, more concealable handguns, and since handguns are used in at least 80 percent of all violent crimes involving firearms in the United States, the public interest is not served by allowing the unregulated sale of easily concealable ultracompact handguns. The concealability of these weapons makes them a high public security and safety risk when owned and carried by individuals unlicensed to carry concealed weapons, particularly in a high-density urban area such as San Francisco.
(b) Purpose and Intent. The purpose and intent of this Section is to protect the health, safety, and general welfare of the citizens of the City and County of San Francisco by restricting the sale of ultracompact firearms.
(c) Sale of ultracompact Firearms Restricted. No person licensed pursuant to this Article shall sell, lease or otherwise transfer any ultracompact firearm except as authorized by paragraph (d) of this Section. Nothing in this section shall preclude any person licensed pursuant to this Article from processing firearms transactions between unlicensed parties pursuant to subdivision (d) of Section 12072 of the Penal Code of the State of California.
(d) Exceptions. The requirements of this Section shall not apply to the sale, lease or other transfer of an ultracompact firearm in the following circumstances:
(1) To any law enforcement agency.
(2) To any agency duly authorized to perform law enforcement duties.
(3) To any state or local correctional facility.
(4) To any private security company licensed to do business in the State of California.
(5) To any person who is properly identified as a full-time paid peace officer, as defined in Section 830.1, 830.2, 830.4, or 830.5 of the Penal Code of the State of California, and who is authorized to carry a firearm during the course and scope of his or her employment as a peace officer.
(6) To the sale, lease or other transfer of any antique firearm., as defined in paragraph (16) of subsection (a) of Section 921 of Title 18 of the United States Code.
(7) To any motion picture, television, or video production company, or entertainment or theatrical company whose production involves the use of a concealable firearm, and which secures such firearm from unauthorized use.
(8) To any person who is exempt from the provisions of subdivision (d) of Section 12072 of the Penal Code of the State of California.
(9) To any person or entity conducting a transaction described in subdivision (k) of Section 12078 of the Penal Code of the State of California.
(10) To any person who is licensed as a collector pursuant to Chapter 44, (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and who has a current certificate of eligibility issued to him or her by the Department of Justice pursuant to Section 12071 of the Penal Code of the State of California.
(11) To any person or entity acquiring a concealable firearm by bequest or intestate succession.
(12) To an non-profit entity that is authorized to destroy firearms, and which has agreed to destroy the firearm being transferred.
(e) Penalties.
(1) Violation of this section shall be punishable as a misdemeanor. In addition, each violation of this Section shall constitute grounds for suspension or revocation of the licensee's firearms (2) Each transaction in violation of this Section shall be deemed a distinct and separate violation. (Added by Ord. 62-00, File No. 000197, App. 4/14/2000
SEC. 613.1.(g) DEFINITIONS.
613.1(g) “Ultracompact firearm†shall mean any pistol, revolver, handgun or other firearm that is 6.75 inches or less in length or 4.5 inches or less in height, measured with the magazine detached. (Added by Ord. 91-94, App. 2/25/94; amended by Ord. 225-96, App. 6/7/96; Ord. 283-96, App. 7/3/96; Ord. 131-99, File No. 990493, App. 5/28/99; Ord. 62-00, File No. 000197, App. 4/14/2000; Ord. 242-00, File No. 000950, App. 10/27/2000)
*Editor's note: The provisions of Ord. 283-96 took effect on January 1, 1997.

SEC. 613.10.(q) LICENSE — CONDITIONS.
(q) The licensee shall not sell, lease or otherwise transfer any ultracompact firearm except as authorized by Section 613.10-2.

I think it's interesting that they use the fact that there are so few CCW holders in this city as an excuse to ban "ultra-concealable" firearms.


Note: emphasis added.

 

[hansolo]

"....only 10 CCW permits in San Francisco..."

They're creating a "Disneyland" for hardened criminals....Great Job!

 

[Jim March]

In defense of Chuck, this sort of "gruntwork" is still vital because if we let obvious infringements of preemption slide, we'll lose said preemption as a practical matter due to "precedents".

It's a bit like copyright law: Xerox corp didn't defend other uses of the word "xerox" for copying and now everybody goes and uses the "xerox" even if it says "Canon" or whatever on the side. For the same reason, McDonald's goes infamously bonkers if you try and open a "McFish&Chips Shop" or whatever.

Chuck won't advance our rights this way but if he DIDN'T do this and we lost preemption, oh MAN would we be hosed .