Long Beach Ammunition Sales Registration Proposal Update

[ontmark]

On Tuesday, March 24, the Long Beach City Council is set to vote on whether to proceed with drafting an ordinance which would force ammunition sellers in Long Beach to record the identity of all ammunition purchasers, as well as other details of the sales transaction. These records will then be collected and inspected by the Long Beach Police Department with the goal of identifying purchasers who are legally prohibited from possessing ammunition. The biggest ammunition seller in Long beach is probably a Big 5 Sporting Goods store located there.

The vote is the culmination of several hearings and motions on the matter held over a span of nearly two years. Representing the NRA and CRPA, the law office of Trutanich-Michel, LLP (TMLLP) has been working on defeating the proposed ordinance since it was first proposed in 2007 by State Assembly candidate Bonnie Lowenthal to generate publicity for her campaign for state office.

The California Association of Firearm Retailers has also weighed in against the proposal.

TMLLP lawyers have maintained constant correspondence with the City of Long Beach, both through letters and requests made pursuant to the Public Records Act (linked at CalGunLaws.com). Lawyers from TMLLP also attended all Public Safety Committee hearings and Public Safety Advisory Commission meetings on the matter and voiced opposition.

This ordinance is bad policy. It does not make economic sense for the City of Long Beach since it will burden already struggling retailers and lessen tax revenue while increasing city expenses for enforcement. Collecting and managing the information is cumbersome and inefficient, and does not uncover violent criminals, but rather individuals who have unknowingly lost their right to own a gun because of botched paperwork. The results of previous ammo registration experiments have been so dismal that other cites have abandoned these schemes rather than pay to maintain them.

In reality, the proposed ordinance is another covert mechanism to intentionally hinder law-abiding citizens from exercising their Second Amendment rights. The gun ban lobby has been striving to enact ammunition regulation laws of late as a way to try to get around preemption restrictions and make firearms useless.

The ordinance is also illegal. These ammunition registration ordinances are preempted by state law in light of the court’s decision in Fiscal v. City and County of San Francisco. They may very well also constitute an unconstitutional infringement on the Second Amendment. And, in response to questioning by one of TMLLP’s lawyers who was invited as a presenter to a Public Safety Committee hearing, an LAPD officer acknowledged that the information gathered in the few other cities with similar ordinances has been used for illegal purposes by police in those jurisdictions.

For a more detailed analysis of the opposition to the ordinance see the letters from Trutanich-Michel,LLP to the City linked at CalGunLaws.com.

Even if you don't live in Long Beach, your help is needed to defeat this proposal. Please call and email the Long Beach City Council and/or attend the City Council meeting on March 24, 2009 and voice your opposition! And tell your neighbors to do the same.

Long Beach City Council's Contact Information


Mayor Bob Foster
City Hall Office
Civic Center Plaza
333 West Ocean Blvd., 14th Floor
Long Beach, California 90802
Tel: (562) 570-6801
Fax: (562) 570-6538
Mayor@longbeach.gov

District 1 - Currently Vacant
City Hall Office
Civic Center Plaza
333 West Ocean Blvd., 14th Floor
Long Beach, California 90802
Telephone Number: (562) 570-6801
Fax Number: (562) 570-6590
Email: district1@longbeach.gov

Recent California statewide elections have created a vacancy in District 1 of the Long Beach City Council. The concerns of the 1st District will be managed by the Office of Mayor Bob Foster until the vacancy can be filled.

Address your email to Mayor@longbeach.gov.


District 2 - Suja Lowenthal
City Hall Office
Civic Center Plaza
333 West Ocean Blvd., 14th Floor
Long Beach, California 90802
Telephone Number: (562) 570-6684
Fax Number: (562) 570-6882

Field Office
2132 East 4th Street
Long Beach, CA 90814
Telephone Number: (562) 570-1812
Fax Number: (562) 570-1814

E-mail Councilmember Lowenthal
For immediate assistance, please call (562) 570-6684. District 3 - Gary DeLong
City Hall Office
Civic Center Plaza
333 West Ocean Blvd., 14th Floor
Long Beach, California 90802
Telephone: (562) 570-6300
Fax: (562) 570-6186
E-mail: District3@LongBeach.gov

Anne Cramer Chief of Staff
Joseph Toney Legislative Assistant

Field Office
340 Nieto Avenue
Long Beach, California 90814
Telephone: (562) 570-8756
Fax: (562) 570-8760

Julie Maleki Administrative Analyst
District 4 - Patrick O'Donnell
City Hall Office
Civic Center Plaza
333 West Ocean Blvd., 14th Floor
Long Beach, California 90802
Phone: 562.570.6918
Fax: 562.570.5235
E-mail: district4@longbeach.gov

Staff
Bridget Sramek, Chief of Staff
Moises Romero, Field Deputy
Brenda Caloca, Office Manager & Scheduler District 5 - Gerrie Schipske
City Hall Office
Civic Center Plaza
333 West Ocean Blvd., 14th Floor
Long Beach, California 90802
Phone Number: (562) 570-6932
Fax Number: (562) 570-6857
Email: district5@longbeach.gov

Field Office
2760 Studebaker Road
Long Beach, CA 90815

Phone Number: (562) 570-3102
Fax Number: (562) 570-1239
District 6 - Dee Andrews
City Hall Office
Civic Center Plaza
333 West Ocean Blvd., 14th Floor
Long Beach, California 90802
Phone: (562) 570-6816
Fax: (562) 570-7135
Email: district6@longbeach.gov

Staff
John Edmond - Chief of Staff
Tonya R. Martin - Legislative Analyst
Kimberly Dodson - Administrative Analyst
Hadassa Jackson - Community Relations Deputy
Anita Harris-Moxley, Community Relations Deputy
District 7 - Tonia Reyes Uranga
City Hall Office
Civic Center Plaza
333 West Ocean Blvd., 14th Floor
Long Beach, California 90802
Telephone Number: (562) 570-6139
Fax Number: (562) 570-6954
Email: district7@longbeach.gov

Field Office
2125 Santa Fe Ave.
Long Beach, California , 90810
Telephone Number: (562) 570-4461

Patti Sramek, Field Representative

Ray Pok, Chief of Staff
Denise Ng, Scheduler
District 8 - Rae Gabelich
City Hall Office
Civic Center Plaza
333 West Ocean Blvd., 14th Floor
Long Beach, California 90802
Phone: (562) 570-6685
Fax: (562) 570-5982
Jonathan Kraus, Chief of Staff
Rose Stevens, Office Manager/Scheduler
E-mail: district8@longbeach.gov

Field Office
3837 Atlantic Avenue Long Beach, CA 90807 Phone: (562) 570-1326 Fax: (562) 570-1327
Linda Ivers, Field Representative
Veronica Servin, Field Representative
District 9 - Vice Mayor Val Lerch
City Hall Office
Civic Center Plaza
333 West Ocean Blvd., 14th Floor
Long Beach, California 90802
Telephone Number: (562) 570-6137
Fax Number: (562) 570-6659
Email: district9@longbeach.gov

Jonda Coman, Chief of Staff
Jonny Turcios, Administrative Aide

Field Office
6335 Myrtle Ave.
Long Beach, California , 90805
Telephone Numbers:
(562) 570-3319 (Janet)
(562) 570-3315 (Jerry)
Fax Number: (562) 422-3852

http://nramemberscouncils.com/legs.shtml?summary=lbammosales&year=2009

[H Paul Payne]

NRA Members' Councils of California

CALNRA: LOCAL LEGISLATIVE ALERT
03/20/09 --- 8:00 P.M. - PLEASE DISTRIBUTE WIDELY

Long Beach Ammunition Sales Registration Proposal Update - Even if you don't live in Long Beach, your help is needed to defeat this proposal. Please call and email the Long Beach City Council and/or attend the City Council meeting on March 24, 2009 and voice your opposition! And tell other gun owners to do the same.

For the latest information regarding this issue, please visit:
http://www.calnra.com/calerts/calert032009.shtml and http://nramemberscouncils.com/legs.s...ales&year=2009

WHAT ELSE YOU CAN DO:

• If you are not already a member of your local NRA Members' Council, JOIN NOW! It costs you nothing but a little of your time - volunteering to help the NRA regain our Second Amendment rights in California.
• If you received this CALIFORNIA-ALERT SYSTEM (CAL-ERTs) message from sources other than your own personal subscription, we encourage you to subscribe to this free service. We won't send you messages very often, but when we do, something important is happening.
• Circulate this alert to every firearms owner, shooter, hunter, club, and freedom-loving American that you know and ask them to help.
• Be proud of your accomplishments and be especially proud that YOU are willing to fight for all of our rights to enjoy our Second Amendment freedoms!
• Read the "Open Letter to California's Sportsmen" at http://www.calnra.com/caspecial/openletter.shtml

Thanks for all of your efforts!

Paul

[CCWFacts]

Should we send letters to all the City Council members?

[VW*Mike]

I sent one to the person in my former district of residence. I may plan on mving back one day. I will contact the mayor.

[JHC]

We have this is Sac, don't you guys let it happen to you there.

[radioburning]

I sent an email to every council person, every assembly person, the mayor, and the aides and office members of each district. I will call Bonnie Lowenthal tomorrow and demand to speak to her in person so I can let her know I'm going to do everything in my power, as well as urge as many people as I can, to help me to get her removed from office for wasting taxpayer money on absolute garbage.

[dwh100]

Just emailed all those bozos.

[762cavalier]

So how do those of us in Sacramento who are already dealing with this BS use this to get it overturned?

[H Paul Payne]

Should we send letters to all the City Council members?

Letters? YES!

Emails? YES! ONE-CLICK can be found HERE

Calls? YES!

Faxes? YES!

And anything else you can think of...........


Paul

[pronstar]

Guys,
First post on this site...referred by a friend to this thread.

I live in Long Beach.
Gary DeLong is my councilmember.
I've corresponded with him on a number of issues in the past, he's been cool with me on those issues.

I emailed him about this issue, and and he asked me if I had any information on other cities that have had enacted such ordinances.

Do you guys have any links to similar ordinances that have failed for other cities?

I looked up Fiscal v. City and County of San Francisco, and it seems that measure was a proposed outright ban on gun/ammo sales, a lot different than the proposed Long Beach ordinance.

[toolman9000]

Who wants to have a big Calguns gathering at the City Council meeting on Tuesday??? Nothing better than showing up in person.

[Riodog]

Could someone please tell me just WHO is banned from->
A. buying ammo?
B. possessing ammo?

Personally, I think ALL elected officials should be required to report any and all purchases and consumption of alcoholic beverages, prescription drugs, condoms, and all pornographic material viewed. After all, we pay their ill gotten compensation so we should have a right to know. Who knows, there MIGHT be an immoral person amongst them.
Rio

[radioburning]

Who wants to have a big Calguns gathering at the City Council meeting on Tuesday??? Nothing better than showing up in person.

Too bad it's on Tuesday. I'll be on a photo shoot in Ventura until about 11:00 at night. I would've thrown a free BBQ for any calgunners who came...

[H Paul Payne]

Guys,
First post on this site...referred by a friend to this thread.

Welcome

I emailed him about this issue, and and he asked me if I had any information on other cities that have had enacted such ordinances.

Pasadena passed a similar measure and it was a terrible failure.

I looked up Fiscal v. City and County of San Francisco, and it seems that measure was a proposed outright ban on gun/ammo sales, a lot different than the proposed Long Beach ordinance.

Fiscal was a case where pre-emption was upheld. Localities cannot regulate firearms - it is a field of law that is occupied by the state.

Paul

[Librarian]

Seems unlikely.

State pre-emption in Government Code is really quite narrow:

53071. It is the intention of the Legislature to occupy the whole
field of regulation of the registration or licensing of commercially
manufactured firearms as encompassed by the provisions of the Penal
Code, and such provisions shall be exclusive of all local
regulations, relating to registration or licensing of commercially
manufactured firearms, by any political subdivision as defined in
Section 1721 of the Labor Code.

If it doesn't pertain to the registration or licensing of commercially manufactured firearms, it isn't (obviously) pre-empted by this provision.

Ammunition is not related "to the registration or licensing of commercially manufactured firearms". The anti-Second Amendment argument would seem more logical, but we do not yet have incorporation of the Second Amendment against state action.

The proposed law has no value outside making it seem that some politicians are 'doing something'; unfortunately, that's enough for the politicians and some large portion of the uninformed public.

When the Legislature means something different, it is entirely capable of writing a more inclusive law. The next provision in Government Code is

53071.5. By the enforcement of this section, the Legislature
occupies the whole field of regulation of the manufacture, sale, or
possession of imitation firearms, as defined in Section 12550 of the
Penal Code, and that section shall preempt and be exclusive of all
regulations relating to the manufacture, sale, or possession of
imitation firearms, including regulations governing the manufacture,
sale, or possession of BB devices and air rifles described in
subdivision (g) of Section 12001 of the Penal Code.