NRA Warns San Jose Against Stricter Gun Laws

[jpak]

http://www.huffingtonpost.com/2013/01/23/nra-warns-san-jose-gun-laws_n_2537828.html?utm_hp_ref=politics

Lawyers for the National Rifle Association and California Rifle and Pistol Association have warned San Jose, Calif., city council members not to consider stricter gun laws.

The warning came after the pro-gun lobbying groups learned of a proposal to tighten controls on assault weapons submitted by a retired attorney, who said he wants to prevent "unusual, occasional, but increasingly common tragic situations like what happened in [Newtown,] Connecticut.”

Sean Brady, the lawyer representing the NRA and state Rifle and Pistol Association, wrote in a letter that the city shouldn't consider the proposed ordinance because it conflicts with state law. "In light of the legal preemption issues, I would hope the San Jose City Council recognizes that, as a legal matter, the Proposed Ordinance cannot pass muster," Brady said in the letter. "In fact, every other city that had an ordinance like [this one] has repealed the ordinance in recognition of this. San Jose’s Proposed Ordinance should, like those other ordinances, be repealed."

San Jose isn't the only city considering a local gun-control ordinance in the wake of the Sandy Hook Elementary School massacre. Chicago Mayor Rahm Emanuel announced plans earlier this month to introduce a city ordinance to curb gun violence. Specifics haven't been announced.

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fuck the NRA

yup

[tblue]

1. Yeah. What you said.

That's my back yard. The city where my kid went to school. Bullies.

[ProgressiveProfessor]

2. California has state preemption for gun laws

[nick of time]

3. Like many states,

CA has a state pre-emption law, cities cannot make their own gun laws, only the state has that power and cities are bound by that law.

[Sheepshank]

4. When did this gun club decide it could attempt a legal pre-emption of local laws?

someone has given this club the presumption of way too much authority.

[hack89]

5. The law says San Jose cannot preempt state law

the NRA is saving San Jose tax payers some legal bills.

[Sheepshank]

6. Cities can and often provide more strict laws than Fed and State

...unless the State of Fed specifically prohibits such ordinances. We see this all the time in alcohol laws, business hours, and zoning codes. Can you provoide evidence of State or Federal statues that would prohoibit any ordinances San Jose is discussing regarding gun restructions? NRA is attempting to bully. Legal threats are old school and overused.

[hack89]

7. California Code 53701 GC State Preemption of Firearm Regulations

GOVERNMENT CODE SECTION

State Preemption of Firearm Regulation

53071. It is the intention of the Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms as encompassed by the provisions of the Penal Code, and such provisions shall be exclusive of all local regulations, relating to registration or licensing of commercially manufactured firearms, by any political subdivision as defined in Section 1721 of the Labor Code.

http://ag.ca.gov/firearms/dwcl/53701.php

[Sheepshank]

8. But what is San Jose proposing?

there are some restriction to the registration and licensing....... is that the limits of what San Jose is discussing?

[hack89]

10. Here is the proposed ordinance

It is all about registration and licensing. Which state law forbids.

1.
All assault weapons in the City of San Jose’ and their owners shall be registered with the Police Department of the City of San Jose’. When the owner of an assault weapon is registered, the background of the owner shall be investigated to determine if the owner has a history of mental illness, a violent disposition, or criminal record involving the use of weapons against others. Persons who have mental illness, a violent disposition, or criminal record involving the use of weapons against others shall not be allowed to have assault weapons. If the owner of an assault weapon has a history of mental illness, a violent disposition, or a criminal record involving the use of weapons against others, the assault weapon shall be confiscated by the Police Department.

2.
Persons who have been investigated and cleared for ownership of assault weapons, shall store the weapons with the Police Department. The Police Department shall release an assault weapon to persons who have been registered to have an assault weapon by fingerprint identification.

3.
Before an assault weapon is released to the certified owner, the Police Department shall determine for what purpose the owner wants to have the weapon released from storage. The Police Department shall deny the release of an assault weapon if the owner does not have a reasonable explanation, or if the owner cannot provide assurance that the assault weapon will not be used by a person other than the certified owner. The certified owner shall state when the assault weapon shall be returned to storage.

http://ca-sanjose.civicplus.com/DocumentCenter/View/11110

[nick of time]

9. If a state has a pre-emption law concerning firearms,

then cities cannot make stricter laws, FL cities learned that the hard way last year when FL strengthened it's pre-emption law with fines and the power to remove any city or town official that violated the law, every city/town that had violated state pre-emption law repealed those laws as fast as they could and came in line with state firearms laws.
If San Jose tries to make it's own gun laws, they WILL lose in court and will have to pay the NRA a nice hefty fee.
There's no bullying here, the NRA and CA State Pistol Assoc. are on solid legal ground.

[Sheepshank]

11. This is not Florida...and I haven't even seen what the SJ proposal entails...have you?

This state law quoted above is pretty restrictive in the area of licensing. Is that what San Jose is attempting to limit?

NRA certainly are bullying. They presume to offer legal advice to for their own selfish purposes, not as more noble aspect to save the tax payer money.

[nick of time]

12. You're not understanding here

SJ CANNOT make any firearms laws on it's own, only the state can enact firearms laws. Period.

SJ will get it's ass handed to it in a court of law and the state will lead the charge.

[Sheepshank]

13. .....whatever...we shall see n/t

[nick of time]

14. Yes we shall.

I'm just trying to let you know what the law is in most states now. The reason for the state pre-emption laws on firearms is because of the patchwork of gun laws from city to city, town to town, county to county.
What might be legal in one town/city/county, would be illegal in another town/city/county, so states decided to make the firearms laws uniform throughout their state and passed laws that made it illegal for towns/cities/counties to enact their own laws.
SJ just cannot legally make up their own laws and they will get spanked in court and have to pay out a nice check to the NRA.