Bakersfield City Council to weigh in on gun control case

[Oleboy]

http://www.bakersfield.com/102/story/398375.html

[Glock22Fan]

It's a bit late for them to express support now, pity they didn't add anything to the various submissions before SCOTUS heard the case

[Fjold]

You'd think that we were a bunch of feel good liberals up here wasting time making public announcements that don't amount to anything.

[Steyr_223]

Wow, this is dangerous..

“Cities should not be able to adopt laws that violate the Second Amendment, or any amendment, to the Constitution,” Scrivner said. “It’s perfectly appropriate for other municipalities to voice their support for the Appeals Court.”

Which one of these does he want to violate?

:(

http://en.wikipedia.org/wiki/Amendments_to_the_United_States_Constitution

[Anthonysmanifesto]

Wow, this is dangerous..

“Cities should not be able to adopt laws that violate the Second Amendment, or any amendment, to the Constitution,” Scrivner said. “It’s perfectly appropriate for other municipalities to voice their support for the Appeals Court.”

Which one of these does he want to violate?

:(

http://en.wikipedia.org/wiki/Amendments_to_the_United_States_Constitution


He is speaking to the DC gun ban isnt he? he doesn't want to violate any of the bill of rights!

He is proposing a resolution of support for our side and encouraging other cities to follow suit.

its not a brief. just a reso... and more cities should get on board. this case is the biggest in a generation.

thankyou Mr. Scrivner!

[CCWFacts]

I'm glad he's introducing this. Would it have mattered if he had introduced it before the Heller filings? Probably not. They already had 31 AGs from California.

I do applaud what he's doing. If he wants to make even more of an impact, he should introduce a resolution that provides a definition of "good cause" in Bakersfield. My pick for a defined "good cause" would be "personal protection" of course.

[E Pluribus Unum]

He is the city counselman for my ward.... he so retained my vote with this...

I am so warm and fuzzy... :)

[Librarian]

Generally speaking, city government (elected officials and employees) ought to concentrate on things like police and fire protection, water, garbage pickup, street lighting and potholes.

We elect representatives to the national government to deal with national issues (not that I'm all that thrilled with the representatives we actually get).

When acting as representatives of the city, those folks should limit themselves to things directly governable by the city; I agree that a 'good cause' for CCW issue by the police chief would fit that.

When acting as US citizens, not on city government time or trading on their connection to city government, folks ought to say whatever they believe.

We'd lose this expression by Bakersfield. We'd also lose the inappropriate activities of San Francisco and Berkeley.

[tenpercentfirearms]

My editor just informed me he wants me to write my next article about this and about the Supreme Court case. I am glad you guys brought this up as this gives me an idea to challenge them to reform Bakersfield's CCW process instead of feel good measures. Any other ideas?

[Fjold]

It passed 6-1 and the lone dissenting vote was by Sue Benham who is Pro-2nd Amendment but thought that it was a waste of the Council's time.

[Anthonysmanifesto]

Bakersfield Councilman Zack Scrivner (http://www.ci.bakersfield.ca.us/administration/mayor_council/bios/scrivner.htm)has succesffuly passed his Pro Heller/Parker Resolution 6-1 at the bakersfield city council (http://www.bakersfield.com/hourly_news/story/399715.html)chambers this week.

he has been working to invest other incorporated cities in his area and is working on his contacts throughout California and the US to do the same to show that local governments, who are the closest to the people, support their constituents civil rights.

Hes definitely leading the charge on this message in the central valley.

NRA liked what they saw:

tune in to Cam and Company (www.nranews.com), the NRA radio broadcast to hear Scrivners thoughts on the Second Amendment on Friday, March 28th at 8:40pm P.S.T. The guest host is Mike McCarville

[Anthonysmanifesto]

http://www.kget.com/news/local/story.aspx?content_id=33ccfd8e-7cfe-4dd2-ae43-0e63289b3204

[bg]

I have a feelin' Buck Owens is enjoying this..

[Suvorov]

It passed 6-1 and the lone dissenting vote was by Sue Benham who is Pro-2nd Amendment but thought that it was a waste of the Council's time.


Could we in the Bay Area trade you city councils for a while? :confused:

[E Pluribus Unum]

I love Bakersfield.... :)


I told you guys... :)

[.22guy]

Bakersfield is pretty cool when it comes to guns. We have a police department that actually shoots the bad guys. For instance, a few years back, there was a rash of bank robberies done by LA area gangsters. I think they figured they could easily hit one of the banks near the 99 freeway and just hop on it and be home free. Well, the cops shot and killed a bunch of them and guess what? They stopped coming.

That being said, I think the city council should spend more time fixing the stupid road system and pass an ordinance saying I can get a full auto permit and all the hi-caps I want. :eek: :) :)

[E Pluribus Unum]

pass an ordinance saying I can get a full auto permit and all the hi-caps I want. :eek: :) :)

That is a state issue; permits are issued through the CaDOJ; such an ordinance would be pre-empted by state law and thereby void. Good idea though.

It is kinda funny that 6:1 city counsel members say we have a right to carry (bear) firearms yet there is a city ordinance banning any firearm in a city park, even with a CCW.

[.22guy]

That is a state issue; permits are issued through the CaDOJ; such an ordinance would be pre-empted by state law and thereby void. Good idea though.

Hey, it was worth a shot. :confused::p

[CCWFacts]

I'm glad this passed with such strong support.

All in Bakersfield, don't forget to send "thank yous".

And after you send a thank you, why not also ask the city council to pass an ordnance that defines "personal protection" as good cause WRT 12050?

My guess is that would make Bakersfield the first city to have a definition of GC spelled out in the city ordnances. That would be a very nice trend to get started.

In fact... no place in California is truly "shall issue" right now because the issuing authority always must evaluate the good cause. Having an ordnance like that would give them more to brag about in another press release: Through their actions, Bakersfield would become the first location in California to be truly shall-issue, just like every state within 1,000 miles of here.

[tenpercentfirearms]

It is kinda funny that 6:1 city counsel members say we have a right to carry (bear) firearms yet there is a city ordinance banning any firearm in a city park, even with a CCW.

Do you have a cite for this?

[E Pluribus Unum]

Do you have a cite for this?

It is in Bakersfield city code located here: http://www.qualitycodepublishing.com/codes/bakersfield/



12.56.050 Prohibited acts in parks.
Within the limits of any park, it is unlawful for any person, other than a duly authorized city employee in the performance of his or her duty, to do any of the following:

A. Play or practice golf or archery, fly motor-driven model aircraft, or throw a javelin, shotput, hammer, boomerang, or other dangerous projectile or launch any type of rocket device, regardless of the power source;

B. Cut, remove, destroy, injure, mutilate, pluck, pull up or take any tree, plant, shrub, bloom or flower; or to cut, break injure, deface, disturb or remove any bench, table, apparatus, refuse receptacle, equipment, building, structure, monument, sign, fence or property; or to mark, paint, write or print upon any building, monument, fence, bench, structure or other property; or to remove any wood, turf, grass, soil, rock, sand or gravel; or to attach or place in any manner any sign, poster, card, display or advertising device; throw any stones, rocks, clods or missiles; or to hunt, pursue, annoy, throw stones, clods, rocks or missiles at, shoot at, or molest or disturb in any way any animal or bird; or to go upon any lawn or grass plot where prohibited by a proper and legible sign;

C. Make, light, kindle or maintain any fire, unless such fire is lighted and maintained in a grill, pit, or brazier intended for such use;

D. Open, expose or interfere with any water or gas pipe or electrical outlet, hydrant, stopcock, sewer, basin or other fixture or improvement;

E. Leave any garbage, rubbish, trash cans, bottles, papers, cigarettes or other refuse elsewhere than in the receptacles provided therefor;

F. Operate, drive, ride or propel any motor vehicle, bicycle, unicycle, horse, cattle, or any other animal, or to bring or keep any animal other than a domestic animal;

G. To allow dogs to run loose or with a chain or leash longer than six feet, except in areas which may be specifically designated and posted for such use;

H. Take into, exhibit, use or discharge any firearm, weapon, air gun or slingshot;

I. Use or attempt to use or interfere with the use of any table, stage, equipment, apparatus, area, athletic fields, swimming pool, tennis court or other space or facility which has been reserved for other persons under any contract, facility reservation or permit from the director or reserved or scheduled for other persons under contract or otherwise; or disturb in any manner any picnic, meeting, service, concert, exercise, activity, exhibition or gathering;

J. Operate, ride or propel any skateboard or skates except in areas which may be specifically designated and posted for such uses;

K. Assemble, collect or gather together in any walk, passageway or in any other place set apart for the travel of persons in or through any park or to occupy the same so that free passage or use thereof by persons passing along the same shall be obstructed in any manner;

L. Be in or upon any park between the hours of ten p.m. and five a.m., except for participants in city-sponsored events, for which the prohibited hours shall be twelve midnight to five a.m.; provided, however, that camping and lodging overnight may be permitted when such camping or lodging is part of an authorized recreational outing under the supervision of the division of recreation and parks of the city pursuant to a permit granted therefor by the city manager or designee; such application may be denied if such use is found to be inimical to the use of any park by the general public;

M. Except as allowed under permit issued pursuant to Section 12.56.170, operate any radio, tape player, tape recorder, record player, television, compact disc player or other similar sound equipment on or in any park, or in any parking area or lot within any park, at such volume as permits the noise therefrom to be audible to any person of normal hearing sensitivity fifty feet from such radio, tape player, tape recorder, record player, television, compact disc player or other similar sound equipment;

N. Except as authorized by permit issued pursuant to Section 12.56.200 or 12.56.210, consume any alcoholic beverage or be in possession of any open container with any alcoholic beverage inside;

O. Take into, exhibit, use, cause to be brought into, or otherwise cause any bottle or any other glass beverage container, other than a container displayed as an exhibit in an authorized art show, to be in any park, or in any parking lot within the park or adjacent to any park;

P. Operate a food and/or shelter agency as defined in Section 17.04.285. (Ord. 4452 § 1, 2007: Ord. 3902 § 1, 1999; Ord. 3823 § 1 (part), 1998)

[tenpercentfirearms]

It is in Bakersfield city code located here: http://www.qualitycodepublishing.com/codes/bakersfield/

Interesting. Thanks.

Now I have a question, it says it shall be unlawful, but what would you be charged with if you did it? I see no penality section.

I might be writing an interesting article on this. Basic idea will be, "You talk a good game, but how many CCWs does your Police Cheif issue and why can't I carry my CCW in your parks? So you care about my individual right to keep and bear arms eh?"

What else can we discuss?

[Fjold]

Wes, Who/what are you writing for?

[E Pluribus Unum]

Now I have a question, it says it shall be unlawful, but what would you be charged with if you did it? I see no penality section.

That is why I gave you the first link... a link to the code so that you could read it.

They have a "general penalty section" that covers all of the penalties:


1.40.010 Violation—Penalty.
A. Unless otherwise expressly provided in this code, a violation of any provision of this code, or a failure to comply with any of the mandatory requirements of this code, or counseling, aiding or abetting a violation or failure to comply shall be punishable as an infraction or misdemeanor.

Any person or entity convicted of an infraction under this code where punishment is not otherwise provided in this code, shall be punished by a fine not exceeding fifty dollars for a first violation, one hundred dollars for a second violation within one year, and two hundred fifty dollars for each additional violation within one year.

Any person or entity convicted of a misdemeanor under this code where punishment is not otherwise provided in this code, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

Each such person or entity shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by any such person or entity and shall be punished accordingly.

B. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be, by the city, summarily abated as such, and each day such condition continues shall be deemed a new and separate offense. This code may also be enforced by injunction issued out of the superior court upon the suit of the city or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions hereof.

C. The City of Bakersfield shall be entitled to restitution for all expenses incurred enforcing the provisions of this code against any person or entity in violation thereof. (Ord. 3439 § 1, 1992; prior code § 10.07.010)

[tenpercentfirearms]

That is why I gave you the first link... a link to the code so that you could read it.

They have a "general penalty section" that covers all of the penalties:
I read all of Title 14 and saw no penalty phase. Thank you for showing me where the penalty phase was. That is why I asked.

I think I now where I am going to take this article.

I write for the Taft Independent (http://www.taftindependent.com/) and the Bakersfield Independent (http://www.bakersfieldindependent.com/). My column is called "Uncivil Liberties".

I don't have enough to do so I write also. :rolleyes:

[Glock22Fan]

I read all of Title 14 and saw no penalty phase. Thank you for showing me where the penalty phase was. That is why I asked.

I think I now where I am going to take this article.

I write for the Taft Independent (http://www.taftindependent.com/) and the Bakersfield Independent (http://www.bakersfieldindependent.com/). My column is called "Uncivil Liberties".

I don't have enough to do so I write also. :rolleyes:

At least in Bakerfield you can apply for a Kern CCW. Or does Donny Youngblood not issue as well for city residents as well as he does for county?

[E Pluribus Unum]

At least in Bakerfield you can apply for a Kern CCW. Or does Donny Youngblood not issue as well for city residents as well as he does for county?

When I applied for my CCW under Wimbish I was denied because I lived in the city and there was an agreement between the Sheriff and the city not to issue CCWs for city residents; they were forced to apply through the city.

I have since heard from my fellow CCWers that the new chief of police has said "No CCWs within the city" and as a result Donny Youngblood has started issuing CCWs for city residents.

This is just what I have been told and I have not heard it from the horse's mouth.

[Fjold]

The Sherrif's department told me to aply to the City first and if I was denied I could apply to Donny. Since the house I am having built is in the county and will be ready in September, I'm just waiting until then.




When I applied for my CCW under Wimbish I was denied because I lived in the city and there was an agreement between the Sheriff and the city not to issue CCWs for city residents; they were forced to apply through the city.

I have since heard from my fellow CCWers that the new chief of police has said "No CCWs within the city" and as a result Donny Youngblood has started issuing CCWs for city residents.

This is just what I have been told and I have not heard it from the horse's mouth.