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Thread: California Democrats to attempt to repeal State Firearm Preemption

  1. #1
    Regular Member
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    Location
    City of Angeles - San Fernando Valley, California, USA
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    Its time tooppose this!

    STOP THE PREEMPTIONREPEAL

    MUTUAL AID NEEDED!!!!

    Lets burn up the phone lines!


    http://nramemberscouncils.com/legs.s...&year=2008








    Issue:
    REPEAL PREEMPTION
    (Hancock)



    Latest Info:
    04/08/2008 - AB 2566 has failed several votes today before the Assembly Public Safety Committee KEEP EMAILING, FAXING AND CALLING! [/b]



    Action needed:
    Join your local NRA Members' Council
    Send a ONE-CLICK Email to the ASSEMBLY PUBLIC SAFETY COMMITTEE against REPEAL PREEMPTION (AB 2566)





    Description:
    Assembly Bill 2566 (Hancock) would repeal preemption and allow local governments to pass anti-gun ordinances.

    AB 2566, as amended, Hancock. Firearms: prohibitions.
    Existing law states the intention of the Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms, and that those provisions shall be exclusive of all local regulations relating to registration or licensing of commercially manufactured firearms by local government entities, as specified.

    This bill would except from those provisions the regulation of the registration or licensing of handguns, as specified.

    Existing law provides that no permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes, as specified, to purchase, own, possess, keep, or carry, either openly or concealed, a handgun within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.
    This bill would provide that, these neither those provisions nor any other provisions may not be construed to prohibit the regulation by a city, county, or city and county of the possession of handguns of law would limit the authority of any city, county, or city and county to regulate or prohibit the purchase, sale, ownership, possession, keeping, carrying, manufacture, transfer, or distribution of handguns within the jurisdictional limits of that city, county, or city and county, provided however, that any local regulation would be required to exempt peace officers and the transportation of handguns through the local juri sdiction, as specified, from the application of the local regulation .





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    http://www.calguns.net/calgunforum/s...74#post1110574

    LAST 5 HISTORY ACTIONS:
    04/02/08 From committee chair, with author's amendments: Amend, and re-refer
    to Com. on PUB. S. Read second time and amended.
    03/06/08 Referred to Coms. on PUB. S. and L. GOV.
    02/25/08 Read first time.
    02/24/08 From printer. May be heard in committee March 25.
    02/22/08 Introduced. To print.

    COMM. LOCATION : ASM PUBLIC SAFETY
    HEARING DATE : 04/08/2008

    http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_2451-2500/ab_2498_bill_20080325_amended_asm_v98.html
    BILL NUMBER: AB 2566 AMENDED
    BILL TEXT

    AMENDED IN ASSEMBLY APRIL 2, 2008

    INTRODUCED BY Assembly Member Hancock

    FEBRUARY 22, 2008

    An act to amend Section 53071 of the Government Code, and
    to amend Section 12026 of the Penal Code, relating to firearms.


    LEGISLATIVE COUNSEL'S DIGEST


    AB 2566, as amended, Hancock. Firearms: prohibitions.
    Existing law states the intention of the Legislature to occupy the
    whole field of regulation of the registration or licensing of
    commercially manufactured firearms, and that those provisions shall
    be exclusive of all local regulations relating to registration or
    licensing of commercially manufactured firearms by local government
    entities, as specified.

    This bill would except from those provisions the regulation of the
    registration or licensing of handguns, as specified.

    Existing law provides that no permit or license to purchase, own,
    possess, keep, or carry, either openly or concealed, shall be
    required of any citizen of the United States or legal resident over
    the age of 18 years who resides or is temporarily within this state,
    and who is not within the excepted classes, as specified, to
    purchase, own, possess, keep, or carry, either openly or concealed, a
    handgun within the citizen's or legal resident's place of residence,
    place of business, or on private property owned or lawfully
    possessed by the citizen or legal resident.
    This bill would provide that, these
    neither those provisions nor any other
    provisions may
    not be construed to prohibit the regulation by a city, county, or
    city and county of the possession of handguns of law
    would limit the authority of any city, county, or city and county to
    regulate or prohibit the purchase, sale, ownership, possession,
    keeping, carrying,
    manufacture, transfer, or distribution
    of handguns within the jurisdictional limits of that city, county, or
    city and county, provided however, that any local regulation would
    be required to exempt peace officers and the transportation of
    handguns through the local juri
    sdiction, as specified,
    from the application of the local regulation
    .
    Vote: majority. Appropriation: no. Fiscal committee: no.
    State-mandated local program: no.


    THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

    SECTION 1. Section 53071 of the
    Government Code
    is amended to read:
    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, with the exception of handguns, as defined in Section
    12001 of the Penal Code,
    and such those
    provisions shall be exclusive of all local regulations,
    relating to registration or licensing of commercially manufactured
    firearms, with the exception of handguns, as defined
    in Section 12001 of the Penal Code,
    by any political
    subdivision as defined in Section 1721 of the Labor Code.
    SECTION 1. SEC. 2. Section 12026 of
    the Penal Code is amended to read:
    12026. (a) Section 12025 shall not apply to or affect any citizen
    of the United States or legal resident over the age of 18 years who
    resides or is temporarily within this state, and who is not within
    the excepted classes prescribed by Section 12021 or 12021.1 of this
    code or Section 8100 or 8103 of the Welfare and Institutions Code,
    who carries, either openly or concealed, anywhere within the citizen'
    s or legal resident's place of residence, place of business, or on
    private property owned or lawfully possessed by the citizen or legal
    resident any pistol, revolver, or other firearm capable of being
    concealed upon the person.
    (b) No (1) Except as
    provided in paragraph (2), no
    permit or license to purchase,
    own, possess, keep, or carry, either openly or concealed, shall be
    required of any citizen of the United States or legal resident over
    the age of 18 years who resides or is temporarily within this state,
    and who is not within the excepted classes prescribed by Section
    12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
    and Institutions Code, to purchase, own, possess, keep, or carry,
    either openly or concealed, a pistol, revolver, or other firearm
    capable of being concealed upon the person within the citizen's or
    legal resident's place of residence, place of business, or on private
    property owned or lawfully possessed by the citizen or legal
    resident, provided however, that nothing in this section
    shall be construed to prohibit the regulation by a city, county, or
    city and county of the possession of handguns.
    resident.

    (2) Neither paragraph (1) nor any other provision of law shall
    limit the authority of any city, county, or city and county to
    regulate or prohibit the purchase, sale, ownership, possession,
    keeping, carrying, manufacture, transfer, or distribution of handguns
    within the jurisdictional limits of that city, county, or city and
    county, provided however, that any local regulation authorized by
    this paragraph shall exempt the transportation of handguns in
    compliance with state law through the local jurisdiction from the
    application of the local regulation, and further provided, that any
    local regulation authorized by this paragraph shall exempt peace
    officers from the application of the local regulation.

    (c) Nothing in this section shall be construed as affecting the
    application of Section 12031.

  2. #2
    Campaign Veteran marshaul's Avatar
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    Post imported post

    So, I grew up in Virginia, and representative government in California still seems kind of abstract.

    To whom do I write my letters of complaint?

  3. #3
    State Pioneer ConditionThree's Avatar
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    Location
    Shasta County, California, USA
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    LeagueOf1607 wrote:
    (2) Neither paragraph (1) nor any other provision of law shall
    limit the authority of any city, county, or city and county to
    regulate or prohibit the purchase, sale, ownership, possession,
    keeping, carrying, manufacture, transfer, or distribution of handguns
    within the jurisdictional limits of that city, county, or city and
    county, provided however, that any local regulation authorized by
    this paragraph shall exempt the transportation of handguns in
    compliance with state law through the local jurisdiction from the
    application of the local regulation, and further provided, that any
    local regulation authorized by this paragraph shall exempt peace
    officers from the application of the local regulation.

    NO,NO,NO,NO,NO,NO!!!!!!

    This is the door opening for cities and counties to ban ownership, possession, and carry... super critical that this be stopped immediately! OMG.
    New to OPEN CARRY in California? Click and read this first...

    NA MALE SUBJ ON FOOT, LS NB 3 AGO HAD A HOLSTERED HANDGUN ON HIS RIGHT HIP. WAS NOT BRANDISHING THE WEAPON, BUT RP FOUND SUSPICIOUS.
    CL SUBJ IN COMPLIANCE WITH LAW


    Support the 2A in California - Shop Amazon for any item and up to 15% of all purchases go back to the Calguns Foundation. Enter through either of the following links
    www.calgunsfoundation.org/amazon
    www.shop42a.com

  4. #4
    Regular Member
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    Contact the Assembly members who are on the public safety committe and tell them to oppose it. They will listen to you.

    State Assembly Member Jose Solorio (D-69), Chair
    (916) 319-2069
    Assemblymember.solorio@assembly.ca.gov

    State Assembly Member Greg Aghazarian, (R-26), Vice Chair
    (916) 319-2026
    Assemblymember.aghazarian@assembly.ca.gov

    State Assembly Member Joel Anderson (R-77)
    (916) 319-2077
    Assemblymember.Anderson@assembly.ca.gov

    State Assembly Member Hector De La Torre (D-50)
    (916) 319-2050
    Assemblymember.DeLaTorre@assembly.ca.gov



    State Assembly Member Fiona Ma (D-12)
    (916) 319-2012
    Assemblymember.Ma@assembly.ca.gov



    State Assembly Member Anthony J. Portantino (D-44)
    (916) 319-2044
    Assemblymember.Portantino@assembly.ca.gov

  5. #5
    Campaign Veteran marshaul's Avatar
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    Location
    Fairfax County, Virginia
    Posts
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    Post imported post

    I have a lot of problems with this bill... What argument do you all suppose is likely to have the best result with members of the public safety committee?

  6. #6
    State Researcher
    Join Date
    Jul 2007
    Location
    Stanislaus County, California, USA
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    2,586

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    marshaul wrote:
    I have a lot of problems with this bill... What argument do you all suppose is likely to have the best result with members of the public safety committee?
    The whole reason the legislature passed the law in the first place is the reason I would argue it should remain. We need uniform rules for the entire state. A great example is the regulation of knives that exists on the local level. One of my pocket knives is perfectly legal in Turlock, Ceres, Hughson, Waterford, Empire, Denair, and several other localities (as far as I can tell). However, the City of Modesto has declared that possession of any blade over 3" is a misdemeanor (with a few obvious exceptions for recreation and business purposes). Of course, I was unaware of this ordinance for many years, despite living in the area for most of my life.

    Can we really be expected to know every ordinance of every city and county we pass through? As we all know, ignorance of the law is no excuse (unless you're a cop violating someone's rights while trying to enforce 'laws' you just made up). A trip down Hwy 99 would require months of research!
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

  7. #7
    Regular Member
    Join Date
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    Location
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    Post imported post

    STOP THE PREEMPTIONREPEAL

    MUTUAL AID NEEDED!!!!

    Lets burn up the phone lines!



    http://nramemberscouncils.com/legs.s...&year=2008







    Issue:
    REPEAL PREEMPTION
    (Hancock)



    Latest Info:
    04/08/2008 - AB 2566 has failed several votes today before the Assembly Public Safety Committee KEEP EMAILING, FAXING AND CALLING! [/b]



    Action needed:
    Join your local NRA Members' Council
    Send a ONE-CLICK Email to the ASSEMBLY PUBLIC SAFETY COMMITTEE against REPEAL PREEMPTION (AB 2566)


    Description:
    Assembly Bill 2566 (Hancock) would repeal preemption and allow local governments to pass anti-gun ordinances.

    AB 2566, as amended, Hancock. Firearms: prohibitions.
    Existing law states the intention of the Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms, and that those provisions shall be exclusive of all local regulations relating to registration or licensing of commercially manufactured firearms by local government entities, as specified.

    This bill would except from those provisions the regulation of the registration or licensing of handguns, as specified.

    Existing law provides that no permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes, as specified, to purchase, own, possess, keep, or carry, either openly or concealed, a handgun within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.
    This bill would provide that, these neither those provisions nor any other provisions may not be construed to prohibit the regulation by a city, county, or city and county of the possession of handguns of law would limit the authority of any city, county, or city and county to regulate or prohibit the purchase, sale, ownership, possession, keeping, carrying, manufacture, transfer, or distribution of handguns within the jurisdictional limits of that city, county, or city and county, provided however, that any local regulation would be required to exempt peace officers and the transportation of handguns through the local juri sdiction, as specified, from the application of the local regulation .


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