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  #1  
Old 03-22-2018, 2:38 PM
32roadking 32roadking is offline
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Default Huntington Beach gun ban

Anybody heard what HB is trying to do???

The City of Huntington Beach, California, recently issued title and summary for a proposed ballot initiative that seeks to ban the possession and sale of “semi-automatic and automatic guns and rifles in the City of Huntington Beach.” If enacted, individuals currently in possession of such firearms will have until April 1, 2019, to surrender their firearms to the Hunting Beach Police Department. Violations would be classified as a felony.
Proponents of the measure have until June 2 to obtain the required number of signatures. With approximately 115,000 registered voters in Huntington Beach, proponents need at least 11,500 valid signatures before they can move forward. Should proponents gather enough signatures, the City Council may then decide to either adopt the proposed ordinance or submit the proposed ordinance to the voters during the next election.
Setting aside its plainly unconstitutional nature, even state law preempts such a proposal. San Francisco learned that the hard way after enacting a similar initiative in 2005. That initiative, known as “Proposition H,” prohibited residents from possessing any handgun within the city. After passage, NRA attorneys immediately filed suit, challenging Proposition H as preempted by California state law. The Trial court agreed with NRA’s attorneys, a decision that was later upheld by the Court of Appeals. Proponents of the measure petitioned the California Supreme Court in a last-ditch effort to uphold the law, but that petition was ultimately rejected, thereby striking down the measure once and for all.
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  #2  
Old 03-22-2018, 2:42 PM
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they know not what they do.
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  #3  
Old 03-22-2018, 3:34 PM
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If that goes through and enforced it will blow up in their faces over coming years as Santa Ana, Garden Grove, and Westminster invade them.
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  #4  
Old 03-22-2018, 4:38 PM
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Well, it seems the case against San Fran sets good precedence in our favor if this actually goes through.
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  #5  
Old 03-22-2018, 4:52 PM
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Seems like a group has requested to collect signatures for said proposition:

https://www.crpa.org/crpa-news/anti-...tington-beach/

.
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  #6  
Old 03-22-2018, 4:54 PM
jarhead714 jarhead714 is offline
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Quote:
Originally Posted by JohnnyMtn View Post
If that goes through and enforced it will blow up in their faces over coming years as Santa Ana, Garden Grove, and Westminster invade them.
Won't happen. Mexicans an Vietnamese don't go far from their families.
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Old 03-22-2018, 4:58 PM
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How can a City create a felony law.
Ordinance, sure, but felony?
Really?
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Old 03-22-2018, 5:01 PM
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Originally Posted by jarhead714 View Post
Won't happen. Mexicans an Vietnamese don't go far from their families.
you can't get good pho in HB.
and no decent carniceria either.
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Old 03-22-2018, 5:08 PM
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Originally Posted by theLBC View Post
you can't get good pho in HB.
and no decent carniceria either.
Or take a Freeway there.
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  #10  
Old 03-22-2018, 5:15 PM
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Originally Posted by jarhead714 View Post
Or take a Freeway there.
lol

i lived in downtown HB in for a while. 11th and Orange, right across the street from the liquor store.

nothing was quick...so i took pch all the way to long beach for work.
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  #11  
Old 03-22-2018, 5:52 PM
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Quote:
Originally Posted by operavoice View Post
How can a City create a felony law.
Ordinance, sure, but felony?
Really?
You're correct. The city may only enact an ordinance having a misdemeanor penalty.

However the state can enact a statute, which can be accomplished by initiative, that would create the state crime of "Possession in Huntington Beach" which could carry a felony penalty.

It's doubtful that such an effort could be carried through to conclusion, but that doesn't stop folks from trying.
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  #12  
Old 03-23-2018, 3:58 AM
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It's for,show.
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  #13  
Old 03-23-2018, 7:51 PM
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Quote:
Originally Posted by RickD427 View Post
You're correct. The city may only enact an ordinance having a misdemeanor penalty.

However the state can enact a statute, which can be accomplished by initiative, that would create the state crime of "Possession in Huntington Beach" which could carry a felony penalty.

It's doubtful that such an effort could be carried through to conclusion, but that doesn't stop folks from trying.
Isn’t this a violation to 14th amendment?
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Old 03-23-2018, 8:15 PM
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Pretty sure this is early unconstitutional
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  #15  
Old 03-23-2018, 9:55 PM
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Quote:
Originally Posted by Oldmandan View Post
Isn’t this a violation to 14th amendment?
I'm not seeing where there would be, but I'll defer to the JD members of the forum for their opinions.

If you're thinking the ordinance would violate the privileges and immunities clause, please note that there is no case law clearly establishing the right of private persons to possess semi-auto weapons. Heller did not extend the Second Amendment that far. The dicta of Miller suggests that such a right exists, but the holding of Miller did not clearly cover all forms of semi-auto weapons.

If you're thinking of the equal protection clause, I haven't seen any case law interpreting that clause as requiring all states and localities to treat weapons possession the same.
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  #16  
Old 03-23-2018, 10:04 PM
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Never going to happen in HB.
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  #17  
Old 03-26-2018, 5:55 PM
Mr. Snuffalupagus Mr. Snuffalupagus is offline
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Quote:
Originally Posted by operavoice View Post
How can a City create a felony law.
Ordinance, sure, but felony?
Really?
No, a California city cannot do that.
they could write an ordinance calling possession of a firearm a misdemeanor.

probably wouldn't actually fly though... well it IS california... so YMMV
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  #18  
Old 03-31-2018, 4:57 PM
EricT71 EricT71 is offline
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Quote:
Originally Posted by Bill Carson View Post
Never going to happen in HB.
I agree, a lot of cops live in HB.
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  #19  
Old 04-11-2018, 7:21 PM
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Quote:
Originally Posted by theLBC View Post
you can't get good pho in HB.
and no decent carniceria either.
Brodard now open in FV, which is pretty much HB. Plenty good tacos down by Beach/Slater in FV too.
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