Reversing a town ordinance?

[Ryanxia]

Recently one of our local towns passed a town ordinance restricting many rights of people within its limits. I won't go through the whole thing but it takes away; fireworks, tanerite (exploding) targets, several brands of sparklers and most importantly something that could refer to guns in general.

"Other article that was prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration (sic) or detonation, including blank cartridges or toy cannons..."

The part about blank cartridges annoys me, especially where this town ordinance comes with a $500 fine for first offense, and up from there.

My question is, we know we want to get the word out and fight this but what exactly do we ask for? Another town meeting (apparently it was discussed unannounced at the last meeting)? Do we start a petition? I'm also thinking letters, phone calls, e-mail blast will be helpful but only after we know what the best strategy is. Any info would be appreciated. I hope that made some sense.

 

[Ryanxia]

Wow 70 views and no responses, must be tougher than I thought!

 

[hso]

I suggest getting the local sports, contractor and 2A organizations together to complain that the ordinance is too broad if it prohibits starter pistols, blank fired dog trainers, powder driven nail guns and 2A protected firearms.

 

[Ryanxia]

Those are some excellent examples HSO, I was trying to think of every day items that may be affected by this.

 

[hso]

Any event started with a starter pistol will be impacted.

Any blank fired device or signal flares will be impacted.

Any shooting competition could be.

You may approach this as asking for an enumerated exclusion list or a simple rewording. I don't see how they'd reword and not still have starter pistols and blank firing devices affected so the idea is to make the excluded items list large enough to protect the community.

 

[oneounceload]

Another town meeting (apparently it was discussed unannounced at the last meeting

If your state has "open meeting" laws and the agenda was not announced prior to the meeting, then they are in violation of such law. Here in FL, that would be a serious situation

 

[Shadow 7D]

Talk to the city attorney, if you can do it, have representative of local civic organizations (sports association, churches etc. and the city police cheif)
if the state has a preemption law study it
point out that the federal government has incorperated the 2nd as a personal right
AND you are prepared to take a challange case, point out the puniitive punishments for the bad law, and ask the city attorney and mayor to *really* consider, what was the 'point' that the city council was trying for.

If they banned gun, I doubt the made an exception for the police, if they didn't, the send them a 'demand' letter to disarm the cops, with copies to the chief of police, county and state LE, LE associations, and of course, the MEDIA

 

[Ryanxia]

Thanks, all good points. I don't think we'll have much in way of 2nd Amendment rights because they aren't banning the possession/sale of these items just the discharging of them.

 

[jimmyraythomason]

I don't know what state you are in or what your state's laws are concerning municipalities so I can't speak to situation directly but....As a former town councilman,who served 2 terms and have written and assisted in writing many ordinances,I can say...DO NOT MAKE DEMANDS! Do as much research as you can on the subject,recruit as much help as you can and attend every city council meeting(enmass). Get a skilled speaker to get on the agenda and address your concerns,politely and knowlegeably. Let the council know of your displeasure but ,and this is critical,be polite and respectful! Trust me on this..if you go in screaming and making demands,you have already lost. BTW,do not bring in outsiders unless they they are there in an official capacity (i.e,legal representation).

 

[Ryanxia]

Thanks Jimmy, what about people who work/worship or do business in the town but not live there? Are they generally welcome at town meetings?

 

[Shadow 7D]

kinda, see they represent sales in the town, and as such are a 'cheap' revenue base, as they provide sales taxes and fund businesses without consuming resources like a resident.

Go to the local Chamber of commerce with major buyers and people who would do business in the two, have them explain that since the ordnance has taken effect, that they will NO LONGER SPEND THEIR MONEY, a month or two in the red, telling the town to stick it cause they are paying their taxes and that's all it is thank you very much.

and they will turn the pins in the city councilmen (usually they are business people too)
yes, esp. a hub city like those in rural farming communities where farms will spend MAJOR money, will be really responsive.

 

[jimmyraythomason]

do business in the town but not live there?

If they can show where said ordinance has negatively affected their business.

Are they generally welcome at town meetings?

In most cases,yes but they aren't allowed to speak during the meeting without being on the agenda(By my state's laws,YMMV). Signing petitions to present to the council is a very good way to address the issue(get on the agenda and present the signatures directly to the council) be sure only those who actually live in the affected community sign the petitions to be valid and preferably only registered voters.

 

[Ryanxia]

I guess we need a petition with signatures of 10% of the number of people who voted last year to get the reversal on the ballot for this November. Hopefully they won't word it poorly or lump it in with something else. Thanks for everyone's help.

 

[jimmyraythomason]

I guess we need a petition with signatures of 10% of the number of people who voted last year to get the reversal on the ballot for this November.

That's what is needed for a referrendum but a referrendum won't be necessary to reverse this ordinance if the council can be convinced to repeal or amend it.