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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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  #1  
Old 07-20-2021, 6:59 PM
Betterdeadthanred Betterdeadthanred is offline
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Default Airsoft law overturning...help?

Hello,
My name is Betterdeadthanred and I am looking to amend or even overturn a local law regarding airsoft to allow for citizens to legally own and discharge their airsoft guns on their private properties here in my hometown. So I figured that I would reach out to the people on this forum.

The law in question is as follows:
Except as otherwise provided in this chapter no person shall have in his possession within this city and no person shall fire or discharge or cause to be fired or discharged within the city, nor shall any parent, guardian or person having the care, custody or control of any minor permit such minor to have in his possession within this city or to fire or discharge or cause to be fired or discharged within the city any firearm, cannon, fireworks, gun, pistol, revolver, anvil, firecracker or explosive of similar nature, rifle, air rifle, airgun, BB gun or pellet gun or any instrument of any kind, character or description which throws or projects bullets or missiles of any kind to any distance by means of elastic force, air or any explosive substance, all referred to in this section as "firearms." (Ord. 756 NCS §1; prior code § 16.26.)

Any resources in favor of the change you folks could provide would be greatly appreciated.
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  #2  
Old 07-20-2021, 7:10 PM
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Which city?

Responses may vary based on geographical location (say SF vs Needles).
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  #3  
Old 07-20-2021, 7:15 PM
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Originally Posted by 9Cal_OC View Post
Which city?

Responses may vary based on geographical location (say SF vs Needles).
Seconded. We would need to know the city to give better direction.

City governments, being more locally oriented, will be more receptive to changes to ordinances originating from residents. But they will have a set procedure that you will need to research - go to the city website and start reviewing their procedures on how to propose amendments. Also, start attending City Council meetings, and get to know your city council members. More often than not they will appreciate citizen engagement, though it's also undeniable that the more local the politics, the uglier it is.
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Old 07-20-2021, 7:15 PM
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On your 18th Birthday you may possibly be allowed to buy a real gun.
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Old 07-20-2021, 7:45 PM
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There’s a city where possession of a BB gun is prohibited? As I read this, possession of a slingshot is prohibited? What city is this?
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  #6  
Old 07-20-2021, 7:52 PM
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what is, Petaluma?
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  #7  
Old 07-20-2021, 7:55 PM
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Originally Posted by Brush Guard View Post
what is, Petaluma?
indeed it is.

https://petaluma.municipal.codes/Code/10.56.010

10.56.010
Possession unlawful.

Except as otherwise provided in this chapter no person shall have in his possession within this city and no person shall fire or discharge or cause to be fired or discharged within the city, nor shall any parent, guardian or person having the care, custody or control of any minor permit such minor to have in his possession within this city or to fire or discharge or cause to be fired or discharged within the city any firearm, cannon, fireworks, gun, pistol, revolver, anvil, firecracker or explosive of similar nature, rifle, air rifle, airgun, BB gun or pellet gun or any instrument of any kind, character or description which throws or projects bullets or missiles of any kind to any distance by means of elastic force, air or any explosive substance, all referred to in this section as "firearms." (Ord. 756 NCS §1; prior code § 16.26.)

10.56.020
Exceptions.

The provisions of Section 10.56.010 as to the use of any of the firearms mentioned therein shall not apply to any of the following cases:

A. To police, peace officers or persons in military service in the discharge of their duties and using reasonable care;

B. To persons using firearms in necessary self defense;

C. To the possession of such firearms for keeping at the place of residence or business of the person otherwise in lawful possession thereof or while traveling to or from a legal firing, shooting or target range or hunting ground;

D. To the discharging or firing of such firearms or causing them to be discharged or fired at a legal firing, shooting or target range or hunting ground;

E. To the discharging or firing of fireworks after permit therefor has been issued by the fire chief as provided by law;

F. To the use of a gun firing .22 caliber shot-cartridge only, upon a written permit applied for and granted by the chief of police to protect life or property against animals, birds or rodents. (Ord. 756 NCS §1; prior code §16.27.)

10.56.030
Violation—Penalty.

Any violation of this chapter shall be a misdemeanor and upon conviction thereof, shall be punishable by a fine of not less than seventy-five dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. (Ord. 1304 NCS §6, 1978.)

Dan
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  #8  
Old 07-21-2021, 7:20 AM
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So if I stretch a rubber band between 2 fingers and launch a paper clip, I've created a "firearm"?
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Old 07-21-2021, 8:36 AM
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More over reach when nobody is looking
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  #10  
Old 07-21-2021, 11:12 AM
Bullets&Whitewalls Bullets&Whitewalls is offline
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Just Wow. I’m having a hard time with reading comprehension today but the way it’s worded almost seems as though you are not allowed to have any type of gun in that city? How can that even fly????
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Old 07-21-2021, 12:22 PM
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Quote:
Originally Posted by Bullets&Whitewalls View Post
Just Wow. I’m having a hard time with reading comprehension today but the way it’s worded almost seems as though you are not allowed to have any type of gun in that city? How can that even fly????
Because the exemptions make storage, travel to the range, and self-defense legal. Anything else is illegal.

It's still probably unconstitutional by being over broad, but cities can get away with it as long as nobody with the $$ to pay for lawsuits challenges it, and the lower courts have a tendency to "presume legality" when it comes to this kind of thing.
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  #12  
Old 07-21-2021, 12:30 PM
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I would do some local research.

Are their any Boy Scout troops that shoot merit badges and airsoft could help kids before they get to a range?

Are there any pro guns council members?


If it comes down to forcing a city to change- that's rough.

Get something on the ballot and let people vote.


If you can get a council member to propose a change... that's the best way.
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Schedule time to take new gun owners to the range
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  #13  
Old 07-21-2021, 4:23 PM
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Identical to San Bruno. I can’t even use simunitions for training here.
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  #14  
Old 07-21-2021, 4:44 PM
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Quote:
Originally Posted by saudadeii View Post
So if I stretch a rubber band between 2 fingers and launch a paper clip, I've created a "firearm"?

According to the rocket scientists in Petaluma, yes.
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Old 07-21-2021, 7:10 PM
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Overturning a local law will be difficult if not impossible.
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  #16  
Old 07-21-2021, 7:13 PM
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According to that it looks like electric powered ones clearly aren't mentioned
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Old 07-22-2021, 1:06 AM
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Wait, can a kid have a Nerf gun - sorta looks lika a "no"....
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  #18  
Old 07-22-2021, 8:15 AM
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OP's name...

Better Dead Than Red - are you saying you'd rather be dead than a conservative? Probably a good thing you didn't come back.
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  #19  
Old 07-22-2021, 9:30 AM
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Quote:
Originally Posted by Corbin Dallas View Post
OP's name...

Better Dead Than Red - are you saying you'd rather be dead than a conservative? Probably a good thing you didn't come back.
It was a Cold War slogan
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  #20  
Old 07-22-2021, 9:53 AM
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Has there been a run on exploding anvils we haven't heard about?
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  #21  
Old 07-22-2021, 11:34 AM
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...no person shall have in his possession within this city... any instrument of any kind, character or description which throws or projects bullets or missiles of any kind to any distance by means of elastic force... (Ord. 756 NCS §1; prior code § 16.26.)

Step one: Find out if any council members or high ranking public officials play tennis.
Step two: Find out where/when they play
Step three: Call the police to have them arrested citing the above ordinance.
Step four: Profit!
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  #22  
Old 07-22-2021, 11:51 AM
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Like NJ...

Ohhh no mr mann.
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