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Redhawker
12-28-2009, 8:46 AM
I was doing some research to see if my wife's great nephew could legally shoot his new Red Ryder BB gun in his back yard in Temecula when I ran across this in the Temecula Municipal Code...

2.56.150 Proclamation of emergency—Rules and regulations—Powers of disaster director.
A. After issuance of a proclamation of local emergency the disaster director shall have the power to make, issue and enforce rules and regulations on matters reasonably related to the protection of life, and property as affected by such emergency; provided, however, such rules and regulations shall be confirmed as soon as practicable by the city council. In addition to those powers and duties set forth in Section 2.56.090, the disaster director is granted, but shall not be limited to, the following powers:

4. Weapons. The disaster director may order that no person shall carry or possess any gun, bomb, fire bomb, knife, rock or other such weapon or item the use of which would tend to inflict great bodily harm on persons or damage to property.

...kind of sounds like New Orleans to me.

Kind of counterintuitive as I would think in a disaster situation you would want your guns to be able to defend you and yours since the authorities might be a little busy with other things then worrying about defending your health and safety.

hill billy
12-28-2009, 8:50 AM
"other such weapon"? Wow. So they can put a ban on anything then. Good luck trying make that stick in court.

PatriotnMore
12-28-2009, 8:51 AM
Interesting find, and disturbing. I believe we have State law which nullifies this law, however if this is as it looks, it should be challenged and removed from the books.

recoiled
12-28-2009, 8:56 AM
Damn! Got all those rocks for nothin'! :D

Kid Stanislaus
12-28-2009, 10:06 AM
"other such weapon"? Wow. So they can put a ban on anything then. Good luck trying make that stick in court.

Court won't be in session during an emergency. They'll do whatever they want.

professorhard
12-28-2009, 10:09 AM
LOL I love how it specifically lists "rock"

CitaDeL
12-28-2009, 10:46 AM
I was doing some research to see if my wife's great nephew could legally shoot his new Red Ryder BB gun in his back yard in Temecula when I ran across this in the Temecula Municipal Code...

2.56.150 Proclamation of emergency—Rules and regulations—Powers of disaster director.
A. After issuance of a proclamation of local emergency the disaster director shall have the power to make, issue and enforce rules and regulations on matters reasonably related to the protection of life, and property as affected by such emergency; provided, however, such rules and regulations shall be confirmed as soon as practicable by the city council. In addition to those powers and duties set forth in Section 2.56.090, the disaster director is granted, but shall not be limited to, the following powers:

4. Weapons. The disaster director may order that no person shall carry or possess any gun, bomb, fire bomb, knife, rock or other such weapon or item the use of which would tend to inflict great bodily harm on persons or damage to property.


...kind of sounds like New Orleans to me.

Kind of counterintuitive as I would think in a disaster situation you would want your guns to be able to defend you and yours since the authorities might be a little busy with other things then worrying about defending your health and safety.

This is a feel good ordinance that is preempted by state law. Arnold signed a law prohibiting confiscation during an emergency not too long ago. What is more is the wording is "may order"... its about as effective as "may issue". It has no force of law.

vantec08
12-28-2009, 10:47 AM
shoot fire . . . . .. there goes my +P slingshot.

bodger
12-28-2009, 10:54 AM
Well, I suppose this means I should halt the construction of my backyard trebuchet. :D

http://i592.photobucket.com/albums/tt10/dingoff/trebu.jpg

nick
12-28-2009, 9:54 PM
This is a feel good ordinance that is preempted by state law. Arnold signed a law prohibiting confiscation during an emergency not too long ago. What is more is the wording is "may order"... its about as effective as "may issue". It has no force of law.

However, it can be used for the "good faith" excuse if/when such a confiscation occurs. "But we do have this ordinance, and it was never challenged in court, so how could we possibly have known that it's preempted by the state and federal laws".

CABilly
12-28-2009, 10:30 PM
Time for some letters.:chris:

glock_this
12-28-2009, 10:48 PM
I bought a bb gun in North County SD and shot it in my back yard. someone narked me out, cops showed up, and told me I could not shoot it.. despite having bought it in my city limits 5 miles away :confused:

so they can sell them local, but you cannot shoot them local

professorhard
12-28-2009, 10:54 PM
I bought an AUG for my brother for Christmas, shot some squirrels in our yard. Neighbors came over to see how well they could shoot with their various christmas presents. I dropped a yote with my 7mm mag, No problem, aside from the squirrel population being reduced

This is where my parents live, Alameda county

hoffmang
12-28-2009, 10:59 PM
This is a feel good ordinance that is preempted by state law. Arnold signed a law prohibiting confiscation during an emergency not too long ago. What is more is the wording is "may order"... its about as effective as "may issue". It has no force of law.

I don't believe it's preempted by the state law that prohibits the state from seizing firearms during an emergency. However it is certainly preempted by the Federal law that prohibits any police force that gets federal money (all of them) from seizing firearms during a disaster.

If you're a local, a well worded letter pointing out that its been mooted and should be repealed would be wise.

-Gene

CaliforniaCarry
12-28-2009, 11:53 PM
The city of Santa Clarita also has one of these, but I was underthe impression it was preempted. I will draft a letter to our city attorney.

Mssr. Eleganté
12-29-2009, 5:59 AM
...gun, bomb, fire bomb, knife, rock or other such weapon...

What about a pointed stick?

piWCBOsJr-w

hardrivr
12-29-2009, 8:22 AM
I don't believe it's preempted by the state law that prohibits the state from seizing firearms during an emergency. However it is certainly preempted by the Federal law that prohibits any police force that gets federal money (all of them) from seizing firearms during a disaster.

If you're a local, a well worded letter pointing out that its been mooted and should be repealed would be wise.

-Gene

Gene, I'm local and would be happy to write a letter and personally deliver it to the Mayor Maryann Edwards and on the cities website there's a link to email all current council members, I can also copy County of Riverside, Supervisor Jeff Stone who is a local here as well as a Pro Gun kind of guy as we just saw which him leading the way to have our Sheriff allow CCW for personal security reasons... I would like your help though by providing me the federal law that states that prohibits the seizing.

cdtx2001
12-29-2009, 8:32 AM
Dammit, guess I'll have to put mine on hold too. Since melted guns are no longer dangerous, I was going to use them as ammo to sling at the people in Berkeley. Should be harmless, really. Melted guns can't hurt anyone anymore, right?

Well, I suppose this means I should halt the construction of my backyard trebuchet. :D

http://i592.photobucket.com/albums/tt10/dingoff/trebu.jpg

hoffmang
12-29-2009, 9:13 AM
You can get the text of the Federal law here: http://www.govtrack.us/congress/billtext.xpd?bill=h109-5013

This is the text of the California version: http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1601-1650/ab_1645_bill_20071014_chaptered.html

-Gene

cindynles
12-29-2009, 8:52 PM
Gene, I'm local and would be happy to write a letter and personally deliver it to the Mayor Maryann Edwards and on the cities website there's a link to email all current council members, I can also copy County of Riverside, Supervisor Jeff Stone who is a local here as well as a Pro Gun kind of guy as we just saw which him leading the way to have our Sheriff allow CCW for personal security reasons... I would like your help though by providing me the federal law that states that prohibits the seizing.

Can you post the template of your letter when you finish it? I am a Temecula resident and I can get several of my neighbors to sign off on a letter if I give them a form letter to sign. Maybe include some wording about not spending taxpayer money to defend lawsuits over something like this?

API
01-06-2010, 10:50 AM
Can you post the template of your letter when you finish it? I am a Temecula resident and I can get several of my neighbors to sign off on a letter if I give them a form letter to sign. Maybe include some wording about not spending taxpayer money to defend lawsuits over something like this?

Just FYI, the Temecula city council has been apprised of the fact that
the subject portion current city municipal code adopted in 1991 is not in compliance with state and federal code adopted in 2006 and 2007. The conflicting code has been acknowledged by the city attorney and the change process is in the works (it is expected to be on the council agenda within January, 2010). Key city staff has reportedly been informed that certain "Disaster Director" functions are on hold pending code changes. I'd suggest that the best short term action is to watch for the council agenda and attend the meeting to express views.

IMHO, of larger issue is the probability that this is the tip of an iceberg. I'd suspect that many cities have similar code. Realistically, no city is going to develop municipal code from scratch, but rather adopts/purchases standard code from a prepared (pre-canned) source. Whoever wrote the original document had the opportunity to embed all kinds of agendas and prejudices like anti-gun or pro-something else.

The challenge is to ferret out these hidden rocks in all municipal codes. It's time to get busy.

Temecula residents look to be the lucky recipients of a serendipitous search. What a great opportunity to make a difference!

Glock22Fan
01-06-2010, 11:38 AM
I was doing some research to see if my wife's great nephew could legally shoot his new Red Ryder BB gun in his back yard in Temecula when I ran across this in the Temecula Municipal Code...



...kind of sounds like New Orleans to me.

Kind of counterintuitive as I would think in a disaster situation you would want your guns to be able to defend you and yours since the authorities might be a little busy with other things then worrying about defending your health and safety.

As soon as any coup can so do, it orders Marshall Law and a dispossession of firearms. Meglomaniacs and dictators are so predictable.

boxbro
01-06-2010, 12:04 PM
What about a pointed stick?

piWCBOsJr-w

LOL

Anyone that watches this must watch and sit through till at least 2:27.

API
04-07-2010, 8:58 AM
Based upon email received last night from city council, here's the latest update regarding the Temecula city code in question...


...the ordinance to revise our Disaster Ordinance in accordance with the new state law will be coming to the council next Tuesday (Apr 13). It was reviewed and approved by the Public Traffic/Safety Commission I just received the staff report. It’s pasted below for your review. The meeting starts at 7pm at city hall – 43200 Business Park Drive, Temecula.


RECOMMENDATION: That the City Council:

1. Introduce and read by title only an ordinance entitled:

ORDINANCE NO. 10-   


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA amending chapter 2.56 of the temecula municipa code relating to emergency organization and functions

SUMMARY OF ORDINANCE: The proposed ordinance revises Chapter 2.56 of the Temecula Municipal Code relating to emergency organization and functions. The revisions to the Chapter updates its provisions to comply with current State and Federal laws.

The provisions of the proposed Ordinance provide for: (1) preparation and carrying out of emergency plan for the protection of persons and property within the City in the event of an emergency; (2) direction of the City’s emergency organization; (3) coordination of the emergency functions with all other public agencies, corporations, organizations, and affected private persons; (4) procurement of vital supplies and equipment during an emergency; (5) adoption of emergency regulations; and (6) the organization, powers and duties, services of the City staff during an emergency.

The provisions of the proposed ordinance also provides for the declaration of an emergency and the ratification and review of the declaration of an emergency by the City Council.

BACKGROUND: Council Member Maryann Edwards requested that the City Attorney’s Office review the Temecula Municipal Code Section 2.56 to ensure the City’s Disaster Relief Ordinance is in compliance with existing state and federal laws.

The City’s Disaster Relief Ordinance was adopted in 1991 and in order to ensure it captures the most recent changes in State and Federal laws, the City Attorney’s Office is recommending the City Council adopt the attached Ordinance as it is the State’s OES Model Ordinance. This Model Ordinance ensures that all mutual aid organizations that assist Temecula in an emergency will be operating from the same basic Ordinance.

The two major changes in the State Model Ordinance include:



1. Temecula Municipal Code Section 2.56.150.A.4. is recommending to eliminate the City Manager’s authority to confiscate firearms during a declared emergency. This change will bring the Temecula Municipal Code in compliance with California Government Code Section 8571.5 (amended in 2008) and Federal Statue 42 USC Section 5207 enacted in 2006 which prohibits the confiscation of firearms in an emergency.


2. Temecula Municipal Code Section 2.56.050.A.(1) is recommended to be revised to be in compliance with AB 486 (Government Code Section 8630) to require the City Council to review the need for continuing the local emergency once every 30 days rather than once every 14 days.



FISCAL IMPACT: No fiscal impact associated with these recommended modifications.


ATTACHMENTS: Revised City Disaster Ordinance (I didn't attach)

Wherryj
04-07-2010, 10:10 AM
Well, I suppose this means I should halt the construction of my backyard trebuchet. :D

http://i592.photobucket.com/albums/tt10/dingoff/trebu.jpg

I believe as long as it has a low capacity rock magazine you should be good to go until said disaster hits.

API
04-14-2010, 9:39 AM
Temecula City Council did indeed meet on Tues April 13th. The proposed change to city code to "eliminate the City Manager’s authority to confiscate firearms during a declared emergency" was passed by a unanimous vote. Thanks to all who supported this code revision.