Huntington Beach gun ban

[32roadking]

[theLBC]

they know not what they do.

[JohnnyMtn]

If that goes through and enforced it will blow up in their faces over coming years as Santa Ana, Garden Grove, and Westminster invade them.

[TheReluctantCraftstronaut]

Well, it seems the case against San Fran sets good precedence in our favor if this actually goes through.

[Doheny]

Seems like a group has requested to collect signatures for said proposition:

https://www.crpa.org/crpa-news/anti-gun-advocates-gathering-signatures-ballot-initiative-banning-possession-semi-automatic-firearms-huntington-beach/

.

[jarhead714]

If that goes through and enforced it will blow up in their faces over coming years as Santa Ana, Garden Grove, and Westminster invade them.

Won't happen. Mexicans an Vietnamese don't go far from their families.

[operavoice]

How can a City create a felony law.
Ordinance, sure, but felony?
Really?

[theLBC]

Won't happen. Mexicans an Vietnamese don't go far from their families.

you can't get good pho in HB.
and no decent carniceria either.

[jarhead714]

you can't get good pho in HB.
and no decent carniceria either.

Or take a Freeway there.

[theLBC]

Or take a Freeway there.

lol

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.

[RickD427]

How can a City create a felony law.
Ordinance, sure, but felony?
Really?

You're correct. The city may only enact an ordinance having a misdemeanor penalty.

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.

[Foebia]

It's for,show.

[Oldmandan]

You're correct. The city may only enact an ordinance having a misdemeanor penalty.

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.

[junior40er]

Pretty sure this is early unconstitutional

[RickD427]

I'm not seeing where there would be, but I'll defer to the JD members of the forum for their opinions.

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.