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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel. |
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2021 SB 81 Skinner - Firearms: licensed firearm dealers (Placeholder)
https://leginfo.legislature.ca.gov/f...=202120220SB81
First "gun bill" of the new year. Currently a placeholder to be amended at a point in the future, but as the title says will cover licensed firearm dealers, and if the section highlighted by the bill is correct the change will have to do with where licensed firearm dealers can conduct business. Will edit this post and title in the future (or if I don't, Librarian can). Last edited by BeAuMaN; 12-16-2020 at 3:11 PM.. |
#2
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So it begins...
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NRA Member NRA-ILA Contributor CGN Contributor iTrader Feedback Link https://www.calguns.net/calgunforum/....php?t=1885547 |
#3
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They just put in a couple "place holders" knowing for sure they will "need" to have some gun bills despite no obvious issue at the time they created this bill. Wouldn't be a senate session without them I suppose. So a bill that is set to answer a question that has yet to be asked or a problem that has yet to present itself. Why do this, to lock in the bill number?
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All posts dedicated to the memory of Stronzo Bestiale "You want my sister but now scam my Glocks too? How about my sister? what can she do now? Still virgin and need Glcok." ---ARegularGuy NRA Patron Member |
#4
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As to why submit now: I imagine it's convenience and perhaps something to do with timing on deadlines. Of course, I could be wrong. Someone with experience on capitol hill probably has a better idea. |
#5
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It's also true that, absent some other maneuvering, bills are taken up in bill-number order.
Why file bills? "We're Doing Something, about a Problem, y'know?"
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#6
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The text of SB 81.
These efforts are called "Spot Bills" as they hold a "spot" on the legislative calendar. They can be amended to any subject "germane" to the original issue. This is the first year of a two-year session, and Members are allowed a limited number of pieces of legislation and there is a limited total number of bills which can be introduced during the two-year session. It's kind of like lining up the cars at the Indy 500. Spot bills do serve a major purpose. They announce the legislator's availability to support legislation in a particular area. That draws support and money. They can also negotiate dropping the bill to allow another member's bill go through, but the other member will have to trade some other favor. Let the games begin!
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"People say nothing is impossible, but I do nothing every day.” "Nothing is foolproof to a sufficiently-talented fool." "The things that come to those who wait may well be the things left by those who got there first." |
#7
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Very interesting and revealing. Cunning legislators indeed. Thanks for the insight!
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All posts dedicated to the memory of Stronzo Bestiale "You want my sister but now scam my Glocks too? How about my sister? what can she do now? Still virgin and need Glcok." ---ARegularGuy NRA Patron Member |
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#10
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This is not accurate. Bill numbers have nothing to do with when they are taken up.
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#12
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The Senate didn’t reconvene in December, so the Rules Committee hasn’t been formed. However, it’s a safe bet that the rules will include the 2019-2020 Senate Resolution 4, Section 22.5: Quote:
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"People say nothing is impossible, but I do nothing every day.” "Nothing is foolproof to a sufficiently-talented fool." "The things that come to those who wait may well be the things left by those who got there first." |
#13
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The Administration (Constitutional Officers, I.e.: Governor; AG; Treasurer, etc.) has developed a legislative agenda and approaches legislators to carry their bills to change laws (think Assault Weapons). In the early stages, they won’t have specific language drafted, so they’ll “open” a section of code with a simplistic administrative or grammatical change to the language. Staff, consultants and other parties then draft the legislation for the legislator. The legislator gains by getting a bill to run without having to do much work. Also, they curry favor with the Administration Office they are helping which translates to power. Finally, a special interest group (think Giffords of gun control) may approach a sympathetic legislator to sponsor a bill supporting their cause. The interest group supplies all of the lobbying expertise, writing of the bill and support for it. They may also find that it’s reasonable to contribute to the re-election campaign for this fine legislator. Once any of the above is in play, the bill becomes a tool to angle for position and barter for influence.
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"People say nothing is impossible, but I do nothing every day.” "Nothing is foolproof to a sufficiently-talented fool." "The things that come to those who wait may well be the things left by those who got there first." |
#14
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I'll take 500 for Newsom signing every single gun control bill in 2021.
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http://govnews.ca.gov/gov39mail/mail.php Thank your neighbor and fellow gun owners for passing Prop 63. For that gun control is a winning legislative agenda. https://www.youtube.com/watch?v=Z6Dj8tdSC1A contact the governor https://govnews.ca.gov/gov39mail/mail.php In Memory of Spc Torres May 5th 2006 al-Hillah, Iraq. I will miss you my friend. NRA Life Member. |
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#16
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My apologies for not completing this round-up, but life intervened. As the Legislature sets up to reconvene, I sense the need to clarify some information provided in the discussion.
Is there a limit to the number of bills a legislator may introduce in a session? Yes. There are limits set in place under Assembly Rule 49.(a), "A Member may introduce not more than 50 bills in the regular session", and Senate Rule 22.5.(a)* "A Member of the Senate may introduce or subsequently author not more than 40 bills in the regular session". Each Rule allows for contingencies to exceed the overall limit in specified circumstances if authorized by that House's Committee on Rules. *2019-2020 Senate Rule is provided as the Senate has not yet convened as of this writing. Are authors asked to "pare down" the number of bills they introduced as the session moves forward? No. However, an author may be approached to hold or withdraw a bill to allow other legislation to move forward. The author would expect a quid pro-quo. But they are not told they have too many bills and must reduce their number. Are bills taken up in bill-number order? Yes. Bill numbers have everything to do with how bills are taken up. When a bill is submitted, it receives the next available number from the Clerk of the introducing House. The bill immediately receives its "First Reading" which means it was taken up in it's assigned numerical order. See: Across the Desk, and First Reading. Thereafter, when bills are assigned to committees, the bills are processed by number in order. When they are then placed on the agenda of various committees for hearing, they are placed in numerical order. Here's an example of an Assembly committee agenda, and a Senate committee agenda showing the order in which the bills before each committee will be taken up. (Committees may entertain requests of personal privilege by authors to take an issue out of order, but that is seldom done as it screws up other members, sponsors and the public who intend to testify in front of the committee on the bill.) Is there a difference between a "Spot Bill" and an "Intent Bill"? Yes. A Spot Bill opens a specific piece of code and makes non-substantive changes to the text, and can be later amended to any subject "germane" to the original issue. The official definition of a Spot Bill can be found here. Examples: The text of SB 81 shows it to be a Spot Bill. Here's an excerpt showing the only change to the language: Quote:
An "Intent Bill" doesn't need to open any section of code. It merely states an intent by the Legislature to do something. AB 107 is a perfect example: Quote:
Some bills may also include other statements or "findings" by the Legislature and include them, but that's intended to attract Co-Authors and support. Proposition 63 (although neither a Spot nor an Intent Bill) provides an example of how bad this can get....14 Declarations and Findings; 9 Statements of Purpose and Intent. The intent statement may or may not survive the amendment process, but it often does as an un-codified piece of law which records the fundamental intent of the Legislature for future review and analysis. OK, so those are the basic process issues. Governor's Budget is due for release on the 10th and the Assembly reconvenes on the 11th. Gentlepersons, start your engines. Enjoy the ride.
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"People say nothing is impossible, but I do nothing every day.” "Nothing is foolproof to a sufficiently-talented fool." "The things that come to those who wait may well be the things left by those who got there first." |
#17
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On 2/8/2021 this bill was gutted and amended, changing to a bill concerning "Sentencing: dismissal of enhancements". As such, whatever this bill was to be specifically, it no longer shall be (at least in this bill).
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#18
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off of FFLs and onto sentencing enhancements. Let’s hope that social justice measures continue to supplant gun control this year.
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"People say nothing is impossible, but I do nothing every day.” "Nothing is foolproof to a sufficiently-talented fool." "The things that come to those who wait may well be the things left by those who got there first." |
#21
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Sentencing enhancements could very will still be gun related bills...
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#22
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Don't worry some leftist Democrat will make up for this one.
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http://govnews.ca.gov/gov39mail/mail.php Thank your neighbor and fellow gun owners for passing Prop 63. For that gun control is a winning legislative agenda. https://www.youtube.com/watch?v=Z6Dj8tdSC1A contact the governor https://govnews.ca.gov/gov39mail/mail.php In Memory of Spc Torres May 5th 2006 al-Hillah, Iraq. I will miss you my friend. NRA Life Member. |
#23
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This bill is being discussed in the Public Safety Commitee TODAY.
The meeting is currently in session. Here is the video link, https://www.senate.ca.gov/media/sena...ideo?id=184094 |
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