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ebourqui
06-17-2011, 8:34 AM
It seems the Oakley City Council hustled a firearms ordinance through, last night. It effectively bans "table-top" FFLs, and includes some "spacing restrictions" that were considered onerous in the recent Pleasant Hill firearms ordinance discussions.

http://thepress.net/view/full_story/14348027/article-Oakley-OKs-firearm-ordinance

Your thoughts?

Falconis
06-17-2011, 11:41 AM
sounds like someone needs to get sued.

gobler
06-17-2011, 11:48 AM
*sniffs air*. Yep, smells like a law suit in the making.

Falconis
06-17-2011, 12:08 PM
Well atleast 1 city council member will be left out of it. Looks like he voted no all the way through and tried to toss the real offending items.

Wherryj
06-17-2011, 5:03 PM
Well, that didn't take long:



(courtesy of an email I received from Michel and Associates)













FIREARMS LAW NEWS

June 17, 2011

Home • Firm Overview • Practice Areas • Attorney Profiles • Representative Clients • Firm News • Reference Materials

NRA & CRPA Oppose Oakley's Ordinance Over-Regulating Firearms Vendors

On June 14, 2011, the City Council for the City of Oakley with little notice passed an “urgency ordinance” that will drastically expand its regulation of firearms vendors in the City. See ordinance documents here. Being an “urgency ordinance,” it became law as soon as the mayor signed it on June 16th.

The ordinance appears to have been proposed because the City Council realized that its current laws do not regulate home-based firearm vendors. But rather than just prohibit home-based firearm vendors, or adopt a reasonable zoning and/or licensing scheme covering them, the City adopted an oppressive set of regulations, including a 15-day wait period for firearm transactions (as opposed to a 10-day wait period as state law requires), and a requirement that all firearm vendors be located certain distances from places like schools and adult entertainment establishments. In reality, the zoning restrictions leave few if any places where a gun store could open. And it strands the City’s only gun store in its present location, while subjecting it to other unlawful, business-unfriendly provisions of the ordinance.

Attorneys for NRA and CRPA, through their joint Local Ordinance Project (“LOP”) have submitted a letter explaining the legal shortcomings of the ordinance. (See the letter here). The letter explains how Oakley’s new ordinance is not only preempted by state law, but also raises Second Amendment issues that will need to be litigated. Since the Second Amendment is a newly court-recognized right, the contours of the Second Amendment’s protections are still being litigated in courtrooms across the country. The letter amicably explains the current legal landscape regarding firearm regulation, and suggests Oakley should avoid entering the litigation fray on these issues by repealing, or at least amending, the ordinance.

Seventeen years ago the NRA and CRPA joined forces to fight local gun bans being written and pushed in California by the gun ban lobby. Their coordinated efforts became the NRA/CRPA “Local Ordinance Project” (LOP) - a statewide campaign to fight ill conceived local efforts at gun control and educate politicians about available programs that are effective in reducing accidents and violence without infringing on the rights of law-abiding gun owners. The NRA/CRPA LOP has had tremendous success in beating back most of these anti-self-defense proposals.

In addition to fighting local gun bans, for decades the NRA has been litigating dozens of cases in California courts to promote the right to self-defense and the Second Amendment. In the post-Heller and McDonald legal environment, NRA and CRPA Foundation have formed the NRA/CRPA Foundation “Legal Action Project” (LAP), a joint venture to pro-actively strike down ill-conceived gun control laws and ordinances and advance the rights of firearms owners, specifically in California. Sometimes, success is more likely when LAP’s litigation efforts are kept low profile, so the details of every lawsuit are not always released. To see a partial list of the LAP’s recent accomplishments, or to contribute to the NRA or to the NRA / CRPAF LAP and support this and similar Second Amendment cases, visit www.nraila.com and www.crpafoundation.org.

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Wherryj
06-17-2011, 5:06 PM
http://www.ci.oakley.ca.us/UserFiles/file/agenda/2011%20Agenda/June%2014%202011/txt%205_3%20ordinance%20regarding%20firearms.pdf
http://michellawyers.com/wp-content/uploads/2011/06/Oakley.pdf

orchard
06-17-2011, 5:11 PM
Really was being pushed by one person - Carol Rios. The urgency ordinance, which takes effect immediately, requires would-be dealers to shell out $3,807 for a conditional use permit, an application process that not only involves a public hearing but a review of the paperwork by the police chief.

ebourqui
06-17-2011, 8:13 PM
I'm very happy to see Michel & Associates is already on top of this.

wash
06-17-2011, 8:24 PM
They checked their existing laws and found them constitutional, so they needed urgency to change that...

I hope FFLs can sue for damages and Chuck can charge them a lot for this act of stupidity.

hoffmang
06-17-2011, 9:27 PM
Carol Rios has just jumped onto my useful idiots list!

-Gene

MoeSizslak
06-17-2011, 9:43 PM
I just became even more ashamed to live in this sh*thole

:mad::no::cuss:

Sue away, boys!!!

CenterX
06-17-2011, 9:59 PM
I've never been to New Orleans. I love my pearls -

Sue the ignorant malcontents.

MoeSizslak
06-17-2011, 10:26 PM
I've never been to New Orleans. I love my pearls -

Sue the ignorant malcontents.

That would be General Patton's opinion, not mine. (Ok, the George C. Scott version of General Patton...)

Isn't it a great quote, though? :cowboy:

And yes, SUE SUE SUE

oaklander
06-17-2011, 10:40 PM
Carol Rios has just jumped onto my useful idiots list!

-Gene

o-oak-ley

the next letter after "o" can be either "p" - or "s"

S-unny-vale.

I'm liking these profit centers! If I was a smart lawyer, I would almost encourage cities to do this. But I think it might violate my own personal ethics. The idiocy here is amazing! It's like they do not even know about Heller! I'm thinking that their lawyers must suck.


Sent from my Maxi-Pad.

ddestruel
06-17-2011, 11:00 PM
next we should encourage them to zone bookstores into tight confined areas or ban them also... $$$$

Scott Connors
06-17-2011, 11:07 PM
Carol Rios has just jumped onto my useful idiots list!

-Gene

Did she just toss us in the briar patch?

hoffmang
06-17-2011, 11:33 PM
Did she just toss us in the briar patch?

Depends fully on how she/the city react to Chuck. There are a couple of gems in there that may move some strategy up earlier!

I like picking on those who can't afford and don't have legal the legal talent that the even the State has...

-Gene

unusedusername
06-17-2011, 11:53 PM
Well, I still feel freaked out that I didn't know about this till after the fact....

I usually keep on top of these things :hide:

bden
06-18-2011, 1:11 AM
Being a former part-time resident this is of interest to me.

chiselchst
06-18-2011, 2:04 AM
I'm not fimiliar with the local politics of Oakley, but this really surprises me. Oakley is sort of the most "Blue Collar/rural" city in Co Co Co, IMHO.

Lots of sportsman in Oakley, several modest marina's, fishing & fishing events, waterfoul hunting, etc. A rural place, but growing quickly. Wow...

I hope they suffer legally for such a stupid move.

anthonyca
06-18-2011, 2:15 AM
Please pound these idiots hard. They need to be held personally responsible for negligence and mal practice the way a business owner, employee, or any citizen would be for doing something so blatantly stupid.

Falconis
06-18-2011, 2:23 AM
I'm not fimiliar with the local politics of Oakley, but this really surprises me. Oakley is sort of the most "Blue Collar/rural" city in Co Co Co, IMHO.

Lots of sportsman in Oakley, several modest marina's, fishing & fishing events, waterfoul hunting, etc. A rural place, but growing quickly. Wow...

I hope they suffer legally for such a stupid move.

I think you are right as a lot of my friends live in the area and are avid sportsmen. The emergency bull**** looks like it was more a blitzkrieg maneuver than any actual emergency. No say from any of the residences or time for them to even voice their opinions. I call shenanigans!!!!

chiselchst
06-18-2011, 2:44 AM
I think you are right as a lot of my friends live in the area and are avid sportsmen. The emergency bull**** looks like it was more a blitzkrieg maneuver than any actual emergency. No say from any of the residences or time for them to even voice their opinions. I call shenanigans!!!!

Exactly. After reading the letter sent, I imagine they will now see the light :43:

Wherryj
06-18-2011, 10:48 AM
Depends fully on how she/the city react to Chuck. There are a couple of gems in there that may move some strategy up earlier!

I like picking on those who can't afford and don't have legal the legal talent that the even the State has...

-Gene

I would like to say that it is very nice to have you on OUR side.

microwaveguy
06-18-2011, 11:38 AM
Go Get em .......

Gene needs a new Lexus out of this :D

RP1911
06-18-2011, 12:30 PM
hummm....I have a feeling about the waiting period aspect of this....

hoffmang
06-18-2011, 12:41 PM
Gene needs a new Lexus out of this :D

I'm a volunteer and not a bar card carrying lawyer. As such I gain nothing but defending the bill of rights.

-Gene

anthonyca
06-18-2011, 12:43 PM
I'm a volunteer and not a bar card carrying lawyer. As such I gain nothing but defending the bill of rights.

-Gene

You are a true American and patriot.

torquen
06-18-2011, 1:24 PM
Does not surprise me that Oakley would pull something such as this. My girlfriends parents owned a very nice day care on a good chunk of land. The day care was well established for many years and was bringing in a good amount of business and was well known.
One day out of the blue they get a letter saying that they can not keep their license and will have to shut down the day care because the City is putting in a big propane tank right behind the property. They fought and fought till they had no money left. The city would not even listen. They ended up having to shut down the daycare and ended up loosing the land because they could not afford to keep it anymore.

The city of Oakley has always seemed strange to me each time I visit. Allot of politics in such a "not so great city".

Ronco
06-18-2011, 1:25 PM
I'm a volunteer and not a bar card carrying lawyer. As such I gain nothing but defending the bill of rights.

-Gene



Thank you!!

ebourqui
06-18-2011, 1:39 PM
I'm not fimiliar with the local politics of Oakley, but this really surprises me. Oakley is sort of the most "Blue Collar/rural" city in Co Co Co, IMHO.

Lots of sportsman in Oakley, several modest marina's, fishing & fishing events, waterfoul hunting, etc. A rural place, but growing quickly. Wow...

I hope they suffer legally for such a stupid move.

I was equally surprised. When I picked up the local, free newspaper off the driveway yesterday morning, and saw the headline "Oakley OKs firearm ordinance", I thought "Oakley is somewhat rural, and there's plenty of firearms owners and sportsmen around here, maybe the ordinance will say something like 'The right to keep and bear arms shall not be infringed'".

No such luck.

Sobriquet
06-18-2011, 4:53 PM
Depends fully on how she/the city react to Chuck. There are a couple of gems in there that may move some strategy up earlier!

I like picking on those who can't afford and don't have legal the legal talent that the even the State has...

-Gene

Now an army may be likened to water, for just as flowing water avoids the heights and hastens to the lowlands, so an army avoids strength and strikes weakness.

Go get 'em. Since I'm in a quoting mood, I'll paraphrase another: the more we fight and sweat in court now, the less innocent Californians will bleed later.

jrwhitt
06-18-2011, 7:37 PM
Despite the fact that I'll end up paying for it - go get 'em

Flyin Brian
06-20-2011, 7:23 PM
Add me to the list of Oakley gun owners and enthusiasts who had absolutely no clue this was coming, and I am pissed.

I'm already a member of NRA and CRPA. I guess I should be donating to CGF as well. Am I missing anyone else?

fairfaxjim
06-20-2011, 7:49 PM
.......

The city of Oakley has always seemed strange to me each time I visit. Allot of politics in such a "not so great city".

I always hear what seems to be faint banjo music when I pass through Oakley.

These clowns just hung their own "kick me" sign on their backs.

Stonewalker
06-20-2011, 10:16 PM
Yes!

ETA: Just read CD's letter, what a biting piece!

advocatusdiaboli
06-21-2011, 8:58 AM
I'm a volunteer and not a bar card carrying lawyer. As such I gain nothing but defending the bill of rights.

-Gene

Well sir, then you are a hero. Thank you for you tireless efforts on behalf of all of us. Once I get over the move and out of my funk about CA ignoring McDonald and Heller, I need to get back to volunteering because you set a great example. But right now, this stupid state has me seething and anger doesn't help.

I hope you are ready to bring it in Sunnyvale too.

sierratangofoxtrotunion
06-21-2011, 9:01 AM
As a former Oakley resident, this pisses me off. I used to think Oakley was cool and not regulating their residents and businesses to death. Perhaps that was just a function of the city being < 15 years old and they just hadn't gotten around to it yet.

Also, I don't know if this has anything to do with... anything, but the one gun store in town is literally across the street from the city hall, and I recall some sort of master plan that was going to involve bulldozing that shopping center and realigning the road through the middle of it. Maybe the idea was to shut down the gun store, making the shopping center go broke?

wash
06-21-2011, 9:38 AM
I wonder how Carol Rios got in to office?

It sounds like she is very disconnected from her constituency if they are a bunch of sportsmen and she just decided to kick all of the FFLs out.

Is she trying to make her bones with her political party and move up in to some bigger or state wide position? If so we need to stop her right now.

donw
06-21-2011, 4:18 PM
why is it that California legislators, city, county, municipal and other wise, seem to ignore the second amendment?

it's like they are gonna do what THEY want...regardless of consequences...they ignore the existing laws and pass what they KNOW to be unconstitutional and hope it will fly...if we let it..they win..

Scarecrow Repair
06-21-2011, 8:33 PM
why is it that California legislators, city, county, municipal and other wise, seem to ignore the second amendment?

it's like they are gonna do what THEY want...regardless of consequences...they ignore the existing laws and pass what they KNOW to be unconstitutional and hope it will fly...if we let it..they win..

Pardon my sarcasm, but how naive are you? Politicians by definition think they are better than everybody else, that they alone are uniquely qualified to tell everybody else how to run their lives. BY DEFINITION.

What makes you think they single out the Second Amendment? They are for everything which helps them, NOW, and against everything which hurts them, NOW, and their positions may well change five minutes from now. You need go no further in trying to understand them. You can't name one law or one section of the Constitution they actually believe in, because they believe in nothing but themselves getting more and more power.

Some are bolder than others, some pay better lip service, but none of them have any principles beyond ME ME ME. Pay attention to the seagulls in Nemo to get a clue.

curtisfong
06-21-2011, 8:56 PM
they ignore the existing laws and pass what they KNOW to be unconstitutional and hope it will fly...if we let it..they win..

Easy.

States rights vs incorporation.

Pick one.

blazeaglory
06-21-2011, 8:59 PM
god why are politicians so ****ing idiotic? are they so bored to death that they think of ways to control us to death? a certain distance away from schools and "adult entertainment"?

oh yeah im just gonna go to a strip club and then buy a gun an shoot up a school? (example not fact) cmon does that make sense? law abiding citizens dont do that and criminals dont buy guns legally. FFLs who conduct business in their home are usually family men/woman

anyways, i dont know but some politicians are seriously so stupid that it amazes me. i cannot believe what kind of laws that they think up! it takes a real insecure OCD up tight individual to regulate someone to death!

stitchnicklas
06-21-2011, 9:47 PM
oakley meet calguns

calguns meet oakley

sorry oakley we (calguns) did not bring the lube,i hope you enjoy what we are gonna give you. :devil2::devil2::devil2:


cgf ,when you absolutely have to sue every motherfreaker in the room yesterday

Santa Cruz Armory
06-21-2011, 9:50 PM
Calguns: Taking CA cities and counties to school one at a time! :D

hoffmang
06-21-2011, 11:53 PM
Pardon me. I am a politician, and I believe in and defend the Constitution all the time. Please put away the broad brush. Thank you.

But even you have to admit that this state is a target rich environment for said broad brush - present company excluded of course.

-Gene

Inyoite
06-22-2011, 6:48 AM
Okay, you got me there, Gene :D

DisgruntledReaper
06-22-2011, 11:14 AM
I'm a volunteer and not a bar card carrying lawyer. As such I gain nothing but defending the bill of rights.

-Gene

Yea but Gene I bet you have one HELL of Victory Dance!!!!!:King::mnl::party::party::party::kilt:

You would think they would learn....ooops that requires intelligence and a brain...

When is the top going to pop off this pressure cooker???

Rogue187
06-22-2011, 11:30 AM
California is one of the more repressive states.
The state loves to regulate every aspect of our lives.
Now the cities and counties want to also jump on the bandwagon.

JimWest
06-22-2011, 7:12 PM
Carol Rios has just jumped onto my useful idiots list!

-Gene

There is no political office she won't run for and no limit to her ambitions. Personality=zip.