City 'permitting' policy for shooting air guns

[Ysoserious]

[Flopper]

There's a reason the PD doesn't issue a permit; this statute is unenforceable because of state preemption.

[bigcalidave]

They could issue a permit allowing your minor child to use Brass Knuckles??? Who wrote that crap?

[Untamed1972]

There's a reason the PD doesn't issue a permit; this statute is unenforceable because of state preemption.

I did not think air guns were considered firearms. Hence are they covered by state preemption.

On the permit issue though, wouldn't that be covered by Guillroy v Gates I think it is.....in essence you cant create a license/permit system then refuse to issue permits. Or worse yet you can't say a permit required and then even have a means for someone to apply for a permit.

[CSACANNONEER]

Wow, it's perfectly legal for a minor to OWN long guns but, according to this, they can not possess them??????

[Ysoserious]

There's a reason the PD doesn't issue a permit; this statute is unenforceable because of state preemption.

Does anyone have that reference handy? I couldn't find it.

[Ysoserious]

If anyone is interested, I think I found it:

http://ag.ca.gov/firearms/dwcl/53701.php

Thanks!

EDIT:
And 12550 (pertaining to BB guns and Airsoft)

http://caag.state.ca.us/firearms/dwcl/12551.htm

[NightOwl]

They are very effective at getting the local jurisdiction sued. One competant attorney in front of a judge would get this law trashed.

I assure you that, if an attempt were made to enforce that law, they'd end up buying someone a new car. Not that it's not good to get such laws off the books, to prevent hassle and save money for (insert jurisdiction of choice).

[Ysoserious]

Exactly my point - it requires a *law suit*, it is a straightforward loss that is paid out of *public money*, and it is something that an ordinary person might *not want to go through*. This is what I call a proper harassment.

Most people aren't aware of the preemption and won't even think about their rights. I think there are municipalities who will continue to enforce these codes regardless of lawsuits, because the money doesn't come from their pockets.

[NightOwl]

Which puts us in the situation we're in today, where the only ones who win are the lawyers. Be grateful that we've got CGF, SAF, and all the other organizations who are restoring our rights today...and don't be mad when you see them buying mansions.

Voting for the lesser of two evils is still voting for evil, and that's how we got here.

[N6ATF]

It would seem more profitable and efficient for Gura, et al to buy a Gulfstream, take flying lessons and hire a healthy copilot... infringement alert! Scramble! Scramble!