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#1
03-22-2018, 1:38 PM
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Huntington Beach gun ban
Anybody heard what HB is trying to do???
The City of Huntington Beach, California, recently issued title and summary for a proposed ballot initiative that seeks to ban the possession and sale of “semi-automatic and automatic guns and rifles in the City of Huntington Beach.” If enacted, individuals currently in possession of such firearms will have until April 1, 2019, to surrender their firearms to the Hunting Beach Police Department. Violations would be classified as a felony. Proponents of the measure have until June 2 to obtain the required number of signatures. With approximately 115,000 registered voters in Huntington Beach, proponents need at least 11,500 valid signatures before they can move forward. Should proponents gather enough signatures, the City Council may then decide to either adopt the proposed ordinance or submit the proposed ordinance to the voters during the next election. Setting aside its plainly unconstitutional nature, even state law preempts such a proposal. San Francisco learned that the hard way after enacting a similar initiative in 2005. That initiative, known as “Proposition H,” prohibited residents from possessing any handgun within the city. After passage, NRA attorneys immediately filed suit, challenging Proposition H as preempted by California state law. The Trial court agreed with NRA’s attorneys, a decision that was later upheld by the Court of Appeals. Proponents of the measure petitioned the California Supreme Court in a last-ditch effort to uphold the law, but that petition was ultimately rejected, thereby striking down the measure once and for all. 
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#4
03-22-2018, 3:38 PM
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Well, it seems the case against San Fran sets good precedence in our favor if this actually goes through.
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#5
03-22-2018, 3:52 PM
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Seems like a group has requested to collect signatures for said proposition:
https://www.crpa.org/crpa-news/anti-...tington-beach/ .
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#6
03-22-2018, 3:54 PM
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#7
03-22-2018, 3:58 PM
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How can a City create a felony law.
Ordinance, sure, but felony? Really?
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#9
03-22-2018, 4:08 PM
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#10
03-22-2018, 4:15 PM
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i lived in downtown HB in for a while. 11th and Orange, right across the street from the liquor store. nothing was quick...so i took pch all the way to long beach for work.
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#11
03-22-2018, 4:52 PM
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However the state can enact a statute, which can be accomplished by initiative, that would create the state crime of "Possession in Huntington Beach" which could carry a felony penalty. It's doubtful that such an effort could be carried through to conclusion, but that doesn't stop folks from trying.
__________________
If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life. Last edited by RickD427; 03-22-2018 at 6:31 PM..
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#13
03-23-2018, 6:51 PM
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__________________
"To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them" - Richard Henry Lee 
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#14
03-23-2018, 7:15 PM
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Pretty sure this is early unconstitutional
__________________
Visit my Channel "Steel On Target" on YouTube and subscribe. I post gun videos reg regularly. 
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#15
03-23-2018, 8:55 PM
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If you're thinking the ordinance would violate the privileges and immunities clause, please note that there is no case law clearly establishing the right of private persons to possess semi-auto weapons. Heller did not extend the Second Amendment that far. The dicta of Miller suggests that such a right exists, but the holding of Miller did not clearly cover all forms of semi-auto weapons. If you're thinking of the equal protection clause, I haven't seen any case law interpreting that clause as requiring all states and localities to treat weapons possession the same.
__________________
If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.
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#16
03-23-2018, 9:04 PM
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Never going to happen in HB.
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#17
03-26-2018, 4:55 PM
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they could write an ordinance calling possession of a firearm a misdemeanor. probably wouldn't actually fly though... well it IS california... so YMMV
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#19
04-11-2018, 6:21 PM
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