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October 6th, 2019

San Francisco Politicians Forced to Abandon Attack on NRA

San Francisco corrupt mayor Breed NRA lawsuit

The National Rifle Association (NRA) declared victory in San Francisco last week, after Mayor London Breed formally disavowed key provisions of a municipal resolution that signaled the blacklisting of contractors linked to the Second Amendment advocacy group.

On September 3, 2019, the San Francisco Board of Supervisors, which runs the City and County of San Francisco, unanimously approved a resolution that called for the City to investigate ties between its contractors/vendors and the NRA. The SF Board’s resolution declared the NRA was a “domestic terrorist organization.” Not surprisingly, the NRA sued.

On September 9, 2019, less than a week after the resolution was enacted, the NRA challenged it as government action attacking its First Amendment rights. In its filing, the NRA called the resolution a “blacklisting” measure, and urged San Francisco’s Federal court to “step in and instruct elected officials that freedom of speech means you cannot silence or punish those with whom you disagree.”

Late last week, rather than await “instruction” from a court, San Francisco Mayor London Breed backed down. In a formal memorandum to City officials, she declared that “no [municipal] department will take steps to restrict any contractor from doing business with the NRA or to restrict City contracting opportunities for any business that has any relationship with the NRA.”

San Francisco corrupt mayor Breed NRA lawsuit
San Francisco Mayor Breed is the “Mayor for All San Franciscans”, unless, of course, you are a Republican, or a firearms owner, or an NRA contractor, or a supporter of the Second Amendment.

“The [Mayor’s] memo serves as a clear concession and a well-deserved win for the First and Second Amendments of the United States Constitution,” says William A. Brewer III, counsel for the NRA. “It is unfortunate that in today’s polarized times, some elected officials would rather silence opposing arguments than engage in good-faith debate.” “The NRA will always fight to protect our members and the constitutional freedoms in which they believe”, added NRA CEO Wayne LaPierre.

The NRA’s challenge to a similar ordinance in Los Angeles remains pending. Last month, the city’s motion to dismiss was denied in its entirety by Dederal District Judge Stephen V. Wilson, who found that the NRA had stated a clear First Amendment claim.

About the NRA
Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen’s group. With over five million members, NRA fights to uphold the Second Amendment and advocates enforcement of existing laws against criminals. The NRA remains the nation’s leader in firearm education and training for law-abiding gun owners, law enforcement, and the armed services.

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November 14th, 2015

Traveler’s Warning — Los Angeles Magazine Ban Starts Nov. 18th

Los Angeles magazine ban law ordinance California

Don’t drive through the City of Los Angeles (or fly into LAX) if you have a magazine that holds more than ten (10) rounds. The Los Angeles City Council enacted a new law that makes mere possession of a full-capacity magazine illegal EVEN if it was obtained legally. Possession of a magazine that holds more than 10 rounds will now be a misdemeanor throughout the City of Los Angeles. This applies to any person within city limits, including those traveling via Highways or Los Angeles International Airport (LAX). View this Map to see Los Angeles City boundaries, which encompass all major North/South freeways and train routes.

The CTD Shooter’s Log warns travelers: “The law doesn’t just apply to Los Angeles city residents. Non-resident gun owners must avoid traveling through any part of the City of Los Angeles while possessing any banned magazine. Notably, the City intersects every major Southern California freeway. In some cases, the City of Los Angeles completely surrounds other smaller cities, like Beverly Hills, and Santa Monica. So anyone traveling out of Santa Monica or Beverly Hills, and anyone traveling through the city of Los Angeles with a banned magazine can be prosecuted.”

Summary: Under the ordinance, possession of any “large-capacity” magazine within Los Angeles after November 19, 2015 will be a misdemeanor offense. Los Angeles residents must get rid of their banned magazines by November 18, 2015. You can surrender magazines to the LAPD, sell them to a licensed firearm dealer, transport them out of the City limits, or you can “permanently alter” the magazine so it no longer hold more than 10 rounds of ammunition.

Los Angeles magazine ban law ordinance California

Trap for Unsuspecting Travelers
We fear this new law will be a trap for the unsuspecting, including match competitors traveling through the L.A. metropolis on the way to other venues. We suggest that you do not even think about bring large-capacity magazines into the general Los Angeles area (even if you presume you can skirt the city limits). If you can’t avoid transiting Los Angeles, bring only magazines that hold no more than ten rounds — and test them to make sure you can’t shove in an 11th. You can be sure that the friendly LAPD will “assume the worst” when stopping citizens for violation of the magazine law.

SHOT Show Warning: If you are headed to SHOT Show in Las Vegas and have high-cap mags for display or for use on Media Day, it’s best to steer clear of Los Angeles. Be mindful of this when planning your Air Travel.

Elsewhere in California — Older High-Cap Magazines Are Grand-Fathered
Under current California state law it is illegal to buy, sell, manufacture, or import magazines that hold more than ten rounds. However, statewide (except in San Francisco, Sunnyvale ,and Los Angeles) it is still completely legal to possess such magazines if they were acquired legally BEFORE the high-cap magazine ban went into effect. In other words, possession of “pre-ban” high-cap magazines is “grandfathered” in California — you just can’t buy or sell them anymore within California.

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September 6th, 2015

Bleak Vision of Future Gun Control Becomes Reality in California

gun control los Angeles video pre-approval

A few years ago, some folks released a video that showed how gun control laws might operate in a fictional California of the future. The video shows how State Agency pre-authorization would have to be obtained before a handgun could be employed for self-defense in the home. Sound far-fetched? Well, it turns out that this satirical video was not that far from the truth. That disturbing vision of the future is coming to pass… at least in some parts of California.

The City of Los Angeles recently passed an municipal ordinance that would require handguns to be locked up (or otherwise disabled) when kept in the home. Modeled after a similar law in San Francisco, the Los Angeles ordinance makes it a misdemeanor to keep an unsecured handgun in a home. There are some exceptions to the locking rule (such as when the owner has the firearm in “close proxmity”), but this Los Angeles ordinance still imposes onerous burdens on citizens who might need a firearm to defend themselves in their own homes.

Under the new Los Angeles city ordinance, there is no “pre-authorization” requirement — at least not yet. But that could be the next step, as this video shows…

Think about it… how can you respond to an intruder if you have to call and ask for permission to access your own firearm. How that scenario might unfold is depicted in this video, a chilling preview of gun ownership in California. The video is a dramatization, but it shows what could happen in the Golden State in the not-too-distant future.

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August 8th, 2015

Seattle Considers Sin Tax on Guns and Ammo

Seattle City Council sin Tax Gun ammo ban round five cents

Welcome to the wacky world of Municipal Anti-Gun Ordinances. San Francisco and Los Angeles have city-specific magazine bans and gun storage requirements, and now it appears that Seattle may target gun owners with new “sin taxes” on firearms and ammunition.

$25 Per Gun and Five Cents Per Round
The Seattle City Council will soon vote on a new local law that will add a $25.00 surcharge to every new gun purchase. In addition, the proposed Seattle City Ordinance will add a $0.05 (five cent) fee to each and every centerfire round sold in Seattle. Rimfire .22LR rounds will be taxed $0.02 per round.

The stated purpose for the new Gun and Ammo Tax is to raise money to combat crime, according to Seattle City Council President Tim Burgess, author of the Gun Tax ordinance. Burgess told local KING-5 TV reporters that this is essentially a “Sin Tax” on guns and ammo: “We’ve been working on this for several years. Sure, I wish we would have done this 20 years ago, but we know what the problem is. We tax cigarettes and alcohol and even wood-burning stoves for public health purposes. Why not guns and ammunition?

While supporters of the Gun and Ammo Tax, including Seattle Mayor Ed Murray, claim the new city tax would raise over $300,000 to fight crime, in reality this measure is more about getting rid of guns that it is about making Seattle safe. The National Shooting Sports Foundation (NSSF) has opposed the Seattle Gun and Ammo Tax, stating: “[This ordinance] will have no effect on decreasing gun violence. It is designed to place a huge burden on legitimate firearms retailers and law-abiding gun owners. Additionally, the proposed ordinance is a gross violation of Washington’s firearms preemption statute.”

Seattle City Council sin Tax Gun ammo ban round five cents

Daniel Xu, writing in OutdoorHub.com notes that gun buyers already pay Excise Taxes with each purchase: “However, unlike the [Federal] Pittman-Robertson Excise Tax, which retains funds for conservation and habitat-protection efforts, the funds collected by the ordinance will go entirely back into the city for ‘gun violence research and prevention programs’. City leaders have yet to specify… how the funds will be spent.”

READ Related Story in OutdoorHub.com. Public domain Seattle photo by Rattlhed.

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July 31st, 2015

City of Los Angeles Bans Possession of High-Cap Magazines

Los Angeles Magazine Ban high-capacity NRA

Don’t drive through the City of Los Angeles (or fly into LAX) if you have a magazine that holds more than ten (10) rounds. In its infinite wisdom, the Los Angeles City Council approved a new law that makes mere possession of a full-capacity magazine illegal EVEN if it was obtained legally, in compliance with all state and federal laws. This, by definition, is an “ex post facto” law — a statute that makes a crime out of what was considered legal before, requiring citizens to take affirmative action or else be subject to criminal penalties. Possession of a magazine that holds more than 10 rounds will now be a misdemeanor in the City of Los Angeles, as soon as Mayor Eric Garcetti signs the measure into law, which he has promised to do.

Once codified into law, the magazine ban gives residents only two months to comply. Residents will have 60 days to surrender their magazines to the police or remove their magazines from the city. The author of the law, City Councilman Paul Krekorian, declared that the new law will be enforced aggressively by the Los Angeles Police Department.

WARNING — Do Not Transport High-Capacity Magazines Through Los Angeles
We caution all readers that they should not bring any firearm magazines that hold more than ten rounds into the Los Angeles city limits. Even if you are just “driving through” on the way to another location, you could be arrested for possession. Likewise, do not ship magazines into Los Angeles, and do not fly into Los Angeles city airports (such as LAX) with high-capacity magazines in your possession on in your luggage. Even if we were just transferring in Los Angeles from one flight to another, we would not carry high-capacity magazines into that airport zone.

Los Angeles Magazine Ban high-capacity NRA

Under current California state law it is illegal to buy, sell, manufacture, or import magazines that hold more than ten rounds. However, statewide (except in San Francisco, and Sunnyvale and soon Los Angeles) it is still completely legal to possess such magazines if they were acquired legally BEFORE the high-cap magazine ban went into effect. In other words, possession of “pre-ban” high-cap magazines is “grandfathered” in California — you just can’t buy or sell them anymore within California.

Is the Los Angeles Magazine Ban Constitutional?
The new Los Angeles law can be attacked on various legal grounds. First it can be challenged as an “Ex Post Facto” law. Second, the law should be invalid under the pre-emption doctrine, since regulation of firearm magazines is already controlled by state statute. The pre-emption doctrine recognizes that a state cannot allow municipalities to enact myriad conflicting laws on the same subject matter. Unfortunately, an NRA legal challenge to municipal magazine bans in San Francisco and Sunnyvale failed on Second Amendment grounds. It would have made more sense to have attacked those city-specific regulations on the basis of state pre-emption. Unfortunately, the NRA’s litigation failure will make it more difficult to overturn the Los Angeles magazine ordinance.

LAX Photo By JadeLux (Own work) [CC BY-SA 3.0], via Wikimedia Commons.

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