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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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Sunnyvale City Council to consider Ammo Restrictions
Just caught this Friday on the Sunnyvale City Council web site.
http://sunnyvale.ca.gov/CityGovernme...lMeetings.aspx Mayor Spitaleri is going to consider ammo restrictions like the ones implemented in SF, LA, and Sacramento at the 26 February 2013 City Council Meeting. The Agenda item is 13-051. I'll be at the meeting.
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#2
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Does he mean like the ones they keep passing in SF and keep having overturned in court because of preemption?
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NRA Life Member (Benefactor level) "Those who give up some of their liberty in order to obtain a little temporary safety, deserve neither liberty, nor safety." B. Franklin Calguns Community Chapters (C3) in Your Community Calguns Community Chapters (C3) and Appleseed Event Calendar The 2nd Amendment is not about hunting or competition shooting. It's all about your inalienable rights to life and liberty. |
#3
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Doesn't preemption prohibit these laws and ordinances? We know they still don't believe the second amendment exists.
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https://www.facebook.com/pages/Union...70812799700206 Quote:
Last edited by anthonyca; 02-23-2013 at 6:08 AM.. |
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I'm detecting a strong agenda here, from Democrats and anti's, to overwhelm us with this crud.
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#7
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If you attend, simply ask this:
I have seen a number of politicians offer up laws in support of more gun control, yet I haven't seen one law put forward that takes the guns out of the hands of criminals. These laws simply disarm the people and makes them defenseless, relying on police to keep us safe, even as police and fire protection is cut annually in local budgets. I ask you, when will you propose a solution to disarm the real threat: criminals who don't follow the laws you pass ?
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Im just a doode, playin' a doode, disguised as another doode |
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If this is like SF with the reporting on number of rounds purchased, it clearly has nothing to do with mass shootings. Shooters don't bring 500 rounds with them.
It is straight up social control / the mask fell totally off stuff. |
#10
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The question to ask is "will LCAV defend Sunnyvale pro bono if Sunnyvale is sued?"
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The Rifle on the Wall "“[S]cientific proof” of both gun-rights and gun-control theories “is very hard to get”; therefore, requiring “some substantial scientific proof to show that a [firearm] law will indeed substantially reduce crime and injury” is tantamount to applying strict scrutiny to, and almost certainly will lead to invalidation of, the law." - Kamala Harris Lawyers and their Stockholm Syndrome |
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Make of that what you will.
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The answer, though, is "yes." The organization formerly known as LCAV has stated in the past that they would defend SF pro bono in case of litigation. They are a bunch of lawyers after all. Let's see how far this goes...
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The most powerful argument is, as mentioned by curtisfong, to bring up the cost of the lawsuit and discuss why their ordinance cannot stand. This includes bringing up how our side in court will look at the local crime statistics and unless this regulation affects it, the courts will strike it down once and for all. Bringing up preliminary injunction, state preemption, personal lawsuits for frivolous legislation (cannot pass in court, but can be used as intimidation much like Bloomberg wanted to sue manufacturers into bankruptcy), etc., is quite effective in demonstrating what kind of can of worms they are about to open. The discussion on merits won't work. We know that. Time to show some teeth, or at least some snarling as a warning of what is coming.
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I've put in on my calendar and will try to make it. Tuesdays are tough since I have a late meeting at work on Tuesdays.
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No longer a resident of the city, but I know revolving Mayor Spitaleri is a douche, and the entire city council has been a "republican-free zone" for quite a long time.
He's in the pocket of the police/fire union, and does not put the interests of the residents/taxpayers of Sunnyvale as his top priority.
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Don't ask how many guns I own, I lost count. |
#17
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A good bit of info to have would be the figures on what it has cost municipalities to lose resultant lawsuits related to similar ordinances in the past.
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My personal blog: The Damn True Experiment |
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I'll see if I can find something
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NRA Benefactor Member NRA Golden Eagle SAF Life Member CGN Contributor |
#19
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Can you document his? Please feel free to send me a PM or email to Joshua.berger@ [at] calgunsfdn.org
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Rest in Peace - Andrew Breitbart. A true student of Alinsky. 90% of winning is simply showing up. "Let's not lose sight of how much we reduced our carbon footprint by telecommuting this protest." 383green NRA Benefactor Member |
#20
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Chicago paid something similar. Alameda litigated the gun show ban for 10 years only to concede in the end.
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Rest in Peace - Andrew Breitbart. A true student of Alinsky. 90% of winning is simply showing up. "Let's not lose sight of how much we reduced our carbon footprint by telecommuting this protest." 383green NRA Benefactor Member |
#21
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You point out the costs of a lost court case,and his retort will be "if it saves one life,its worth it." Sometimes ,a dialogue with anti-gun governments is like trying to convince Hamas to recognize Israel.
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The more prohibitions you have, the less virtuous people will be. The more subsidies you have, the less self reliant people will be. -Lao-Tzu, Tau Te Ching. 479 BCE The 1911 may have been in wars for 100 years, but Masetro Bartolomeo Beretta was arming the world 400 years before John Browning was ever a wet dream. |
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Should public comments be allowed at the meeting, I will be prepared to comment on the first two items
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"Truth is our most valuable commodity - let us economize." -- Mark Twain |
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In practice, this only changes the burden of proof from DA to you - instead of DA having to prove that you provided a "crime gun," you now have to prove that you didn't. As responsible gun owners, each one of us will report stolen firearm as soon as we are aware of it precisely in order to avoid any legal problems should it be used in a crime. So, currently, if you find yourself facing a DA it only means that you were not aware of the theft, yet if this law passes the DA can say "you should have reasonably known it was stolen" and the ball is in your court to show otherwise. As far as criminals go, their guns are not registered to begin with, so not reporting them stolen has no effect since there is no trace back.
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Thanks IVC!
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"Truth is our most valuable commodity - let us economize." -- Mark Twain |
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That's the point. It won't save a life and it won't hold up in court. It will however cost Sunnyvale about $1M to lose the case....and they will.
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My personal blog: The Damn True Experiment |
#27
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As a side issue, the "must report lost or stolen guns" types of laws are tightly related to the "stand your ground" laws in the way they operate in practice. Any sensible person will avoid confrontation and will try to retreat rather than confront an unknown person with implication of unknown serious risks. A "duty to retreat" type of law only allows a rogue DA to charge you and put the burden of proof on you that you indeed tried to retreat. Thus, a DA who wants to stick it to the gun owner will end up arguing whether you had an escape route instead of whether your life was in danger AND you have to prove your innocence.
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#29
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As much as I hate to say it, this is one of those things that goes into the category of "I heard."
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On the other hand; the usual suspects try to take intent and reasonable out of these so that people won't own guns... Last edited by sl0re10; 02-24-2013 at 11:11 AM.. |
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What JDBerger is alluding to is a private organization providing a valuable service to a city "under the table," which can have implications of its own before this ever gets to the courts.
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Rest in Peace - Andrew Breitbart. A true student of Alinsky. 90% of winning is simply showing up. "Let's not lose sight of how much we reduced our carbon footprint by telecommuting this protest." 383green NRA Benefactor Member |
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Sounds almost like an homage to previous mayor Melinda Hamilton. I recall from the last round of Sunnyvale shenanigans that she was obsessed with the idea of recording ammo sales or something similar.
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#36
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Found it. It's in the official LCAV document from 2010. PM sent.
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NRA Benefactor Member |
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How is it possible that someone who takes an oath to defend the Constitution upon taking office is able to work so tirelessly to defeat it without any consequences?
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"What is a moderate interpretation of the text? Halfway between what it really means and what you'd like it to mean?" -Antonin Scalia, Supreme Court Justice "Know guns, know peace, know safety. No guns, no peace, no safety. I like my guns like the left likes their voters-"undocumented". |
#38
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"If it saves one, life, shall issue CCW is worth it as well." |
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I plan to be there tonight around 7-7.15pm
I'll listen and report back. The following is what will be talked about. In the wake of the Newtown and other recent national tragedies, there is a renewed effort by local, regional, and state lawmakers to consider what measures can be undertaken to stop preventable deaths caused by gun violence. The cities of San Francisco, Los Angeles and Sacramento are currently considering local regulatory options. Although a lot of gun control legislation is preempted by state or federal laws, there may be some areas for local regulation. I would like to look at regulations the City could adopt related to sale and possession of firearms and ammunition. Some possible areas might be: * Prohibiting possession or ownership of high capacity magazines * Requiring a permit to sell ammunition, and requiring permit holders to keep sales logs * Requiring that lost or stolen weapons be reported to Public Safety I am requesting that the Council direct staff to review the legislation being considered by San Francisco, Los Angeles, and Sacramento, as well as our existing regulations, and bring back for Council consideration a draft ordinance, insofar as it is in the City’s control, to adopt restrictions on ownership or possession of high capacity magazines, and other related measures.
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meh... NRA Endowment Member |
#40
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I'll be there. Are we encouraged to speak or just observe?
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