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NRA Members' Councils of California P.0. Box 21677 El Sobrante, CA 94820 http://www.nramemberscouncils.com California Legislative Information For Additional Information Contact: H. Paul Payne (909) 683-4NRA (4672) |
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by Mike Haas, author of...
Online tools for the ammunition enthusiast. |
Persistence pays off
To be sure, anti-gun forces advanced their agenda during the Davis regime. But one can
only imagine what damage to our Second Amendment rights they dreamed about when Gray became Governor in 1998.
With the advantage of five years of hindsight one can deduce (if not be outright entertained) that,
despite their initial gains, the anti-gun lobby has been frustrated beyond understanding
with their repeated failures to pass handgun licensing, taxes on ammunition, various types of handgun and rifle bans,
and other assorted restrictions on the law-abiding. The California gun-owner, and especially the California NRA MEMBER, has not been "easy pickin's".
And this year, without a doubt, efforts in support of firearms rights in 2003 yielded much more fruit than that of the opposition. Five major anti-gun
bills defeated and FIVE PRO-GUN BILLS SIGNED INTO LAW.
While one bad bill did squeeze through, it had to be seriously compromised by it's author
to achieve passage.
Turning corners
NRA members advanced the cause of freedom in California in 2003! The following pro-gun bills were signed into law:
2003 was certainly a year for change in California, and many Golden State gun-owners
may not realize how their gun-rights were affected by new laws - mostly for the better!
| (Ducheny - Dem) Landmark "First in the Nation" Background Check Law - Signed by Governor Gray Davis. The provisions of SB255 will allow persons to pay $20.00 and undergo a State and Federal background check to determine their legal status for purchasing firearms without risking the violation of State and Federal laws in the process. Senate Bill 255 is long overdue, and allows a person to comply with State and Federal laws without becoming a victim of inaccurate government records or bureaucracy. SB255 announcement | |
| (Negrete-Mcleod - Dem) CCW Applicant Privacy Protection - Several years ago, California law was changed to require the state Attorney General to maintain a centralized Department of Justice database of local CCW application data. Assembly Bill 1044 repeals this requirement, prevents the state from maintaining that information and affords other protections in local CCW forms and procedures. This bill would require the California Department of Justice to destroy any centralized database of information or records of CCW permit holders or applicants. AB 1044 announcement | |
| (Harman -Rep) Shared Habitat Alliance for Recreational Enhancement Program - Authorizes the California Department of Fish and Game to work in partnership with nonprofit conservation groups and other interested non-governmental organizations to encourage private landowners to voluntarily make their land available to the public for wildlife-dependent recreational activities. | |
| (Perata -Dem) Lowers the penalty for the simple possession of an unregistered firearm classified as a "Roberti-Roos Assault-Weapon" to a simple infraction (ticket) and not endanger your gun rights. | |
| (Negrete-Mcleod - Dem) Airguns - Declares that BB and pellet guns that shoot ceramic or plastic objects are not toys. Existing law requires that toy guns be either bright orange or green. |
They tried, but they couldn't do it
The following outrageous attacks on law-abiding Californians were defeated. Most never made a floor vote in their respective house of origin!
| (Koretz - Dem) .50 Caliber Rifle Ban - DEFEATED - Would have banned the sale/possession of rifles that are chambered for the .50 BMG cartridge and the sale/possession of .50 BMG cartridges. AB50 died in the Senate Public Safety Committee on July 8th when Senator McPherson changed his vote from a YES to a NO. The senator became aware of how he had been mislead by the proponents of the bill, so he voted with NRA. Of course, gun-owners expressed their strong appreciation to the senator for his vote in support of freedom and against deception and oppression. Many thanks to Ronnie Barrett of Barrett Firearms and Bill Ritchie, owner of EDM Arms, for their strong testimony against AB50. | |
| (Ridley-Scott - Dem) Ammo Tax - DEFEATED - Would have levied a 10 cent tax on the sale of every cartridge or cartridge component sold at retail to fund medical trauma centers. Last year, Senator Perata failed to pass his ammo tax, and now Assemblyman Ridley-Thomas can join that club. AB992 was defeated on the Assembly floor in June. | |
| (Perata - Dem) .50 Caliber Handgun Ban - DEFEATED - Would have banned the sale or possession of .50 caliber handguns. This bill was aimed specifically at the new S&W .500 Magnum cartridge upon it's 2003 introduction, but would have also affected other rounds, such as the .50 Action Express. SB601 was stalled in the Senate Appropriations Committee in June. Many thanks to Smith & Wesson for their strong lobbying effort against SB601. | |
| (Koretz - Dem) Anti-Hunting - DEFEATED - Would have restricted a person from allowing a dog to take any mammal for hunting purposes or from training a dog for that purposes. Authored by Assemblyman Koretz, AB342 failed to pass out of the Assembly Water, Parks and Wildlife Committee on April 8th. | |
| (Nation - Dem) Anti-Hunting - DEFEATED - Would have banned the
hunting of Western Mourning doves and |
What they passed isn't what they wanted
| (Scott - Dem) Semi-Auto Handgun Bill - Requires all newly-designed semiautomatic handguns
submitted to CA DOJ "safety" testing after January 2007 be equipped
with a loaded chamber indicator and/or a magazine disconnect mechanism. SB489 was massively amended to achieve passage -
the author had to agree to serious limitations on the bill's implementation and effect.
While originally targeting all semi-automatic handguns manufactured after 2005, SB489 was amended to
affect only newly-designed semi-automatic handguns. All existing semi-automatic
handgun designs, as well as new designs which are submitted to CA DOJ safety testing before 2007, are now exempt
from SB 489.
Many thanks to Smith & Wesson for their strong lobbying effort against SB 489. |
We don't take anything lying down
NRA is currently supporting several lawsuits and other projects to protect and advance the Second Amendment and the right to self defense in California.
| Hunt v. Lockyer | This case challenges the 1999 amendments to the state's "assault weapon" law that bans firearms based on their cosmetic features. This unprecedented prosecutor vs. prosecutor suit pits Fresno District Attorney Ed Hunt, Mendocino District Attorney Norm Vroman, and the Law Enforcement Alliance of America against Attorney General Bill Lockyer and the California Department of Justice. | |
| Silveira v. Lockyer | This case also challenges the 1999 amendments to the state's "assault weapon" law. It is based on Second Amendment grounds. Not surprisingly, the Ninth Circuit ruled that the Second Amendment does not create an individual right, and the plaintiffs have asked the Supreme Court to review that decision. This case was not filed by the NRA, and is not the best legal vehicle for litigating the Second Amendment in the United States Supreme Court. NRA filed a "friend of the court" amicus brief supporting the case in the Supreme Court so there would be no question that competent NRA attorneys will be involved at that level, should the Court decide to accept and review the case. | |
| Nordyke v. Alameda | This case involves a gun show's challenge to Alameda County's ordinance banning gun shows. It raises both First and Second Amendment issues. NRA has heavily supported this case, and several related cases, since they were filed several years ago. | |
| Triple B Sporting Clays v. | NRA attorneys are assisting this shooting park's corporate lawyers with a new challenge to LA County's gun show ban ordinance. | |
| Nordyke v. Counties of Marin, San Mateo, and Sonoma | NRA attorneys are assisting with this gun show's challenge to gun show bans in each of these counties. | |
| NRA v. San Francisco NRA v. | These cases challenge the San Francisco and Los Angeles local "assault weapon" ordinances, which are much broader than the state "assault weapon" law, condemning far more firearms and banning their possession altogether. In response to these suits, the cities repealed the ordinances! | |
| Range protection | NRA is also involved in lawsuits to protect several California shooting ranges, which are under attack in California, usually on environmental, noise, or zoning grounds. | |
NRA on the local front
Californians in many parts of the state are familiar with coordinated local anti-gun efforts that run the gamut. Such efforts carry a penalty for those who would restrict our rights - NRA members inevitably coalesce to fight whatever ill-guided proposal that is being foisted on their local lawmakers by outside anti-gun organizations. Each time local anti-gun activity occurs, a special opportunity is created for volunteers to do ground work in their own area in support of NRA's legal team. Working together, we assert our Second Amendment rights at every level.
| Repeal of "Saturday Night Special" bans and "Trigger lock" ordinances | In response to demands from NRA attorneys, over the past two years approximately 40 cities have repealed local ordinances that banned the sale of affordable self defense handguns (including included many polymer framed handguns carried by police departments) that were inappropriately categorized as "junk" guns or required unsafe "trigger locks" to be sold with every gun. Eight cities still carry one or both of the laws, and lawsuits are pending against those hold outs. | |
| .50 Caliber Bans and Other Local Gun or Ammo Ban Proposals | After the notoriously anti-gun owner city of Los Angeles banned the sale of .50 caliber firearms, the gun ban lobby sought to have Los Angeles County, Contra Costa County, and other cities follow suit. NRA staff, attorneys, and volunteers are actively fighting these proposals, and have already convinced several cities to abandon the idea. If successful in banning these target rifles, there will be nothing to stop the gun ban lobby form going after ordinary hunting rifles using the same rationale. | |
| Gun dealers in California are under attack on several fronts. These attacks include frivolous municipal lawsuits that attempt to blame dealers for criminals that misuse firearms, hyper technical harassment by federal, state and local regulatory agencies, and zoning restrictions that effectively put dealers out of business. | ||
| Uncovering Problems in the Issuance of Concealed Firearm Permits | NRA attorneys are studying public records to determine the policies and problems encountered in the CCW application process in some jurisdictions. Lawsuits are inevitable. | |
The key to success
One of the reasons anti-gun politicians were held at bay this year and advances in gun-rights were realized is you. Your calls, faxes, letters and emails have had a profound effect in redirecting energy at the Capitol. Few state legislators want to deal with anti-gun bills, much less support them. The California NRA Members' Councils will continue to directly support NRA staff in the Golden State, but we need your help. Working together strengthens our cause and moves us all closer to the day when we ultimately regain precious rights lost in recent years.
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