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THE FIGHT IN CALIFORNIA CONTINUES
NRA Members' Councils of California ^ | 11/10/2003 | H. Paul Payne

Posted on 11/10/2003 12:24:42 PM PST by Mike Haas

NRA
Members'
Councils
of
California
Please Distribute Widely To All Gun Owners/Groups
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NRA MEMBERS' COUNCILS OF CALIFORNIA
11/10/2003




H. Paul Payne

THE FIGHT IN CALIFORNIA CONTINUES
A Summary of the 2003 State Legislative Session
by H. Paul Payne
H. Paul Payne is an original founder of the California NRA Members' Councils and former Director of NRA-ILA's Grassroots Division. He is currently the Members' Council Program Administrator and serves as the Liaison to the Executive Vice-President.


In a year that has seen the anti-gunners throw a wide variety of proposals at law-abiding firearms owners in the embattled state of California, the pro-firearms forces actually gained back some ground in the battle for our Second Amendment Freedoms.

While these gains do not amount to a total victory for the Second Amendment, the political reality of incremental gains and losses seems to swing towards favoring the NRA and firearms owners in California. California’s NRA members are better organized than ever and have seen impressive and successful cooperation from gun owners throughout the state, and beyond...
Read the rest at http://NRAMembersCouncils.com/caspecial/fight1.shtml


Get the latest CA Legislative Info at:
http://NRAMembersCouncils.com/legs.shtml
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AND DON'T MISS
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* 2003: A Banner Year for California Gun-Rights
* WAYNE V. CNN - Wayne LaPierre takes CNN out in the FIRST ROUND
* The CA NRA Members' Councils' Life-Death Clock (As time goes by...)
* ONLINE Calendar of California Firearms-related Events
Submit your group's events via online interface!
======================
Provided as a service of the NRA Members' Councils of California


TOPICS: Constitution/Conservatism; Culture/Society; Government; Miscellaneous; Politics/Elections; US: California
KEYWORDS: california; gunrights; memberscouncils; nra; rkba; summary; volunteer

1 posted on 11/10/2003 12:24:43 PM PST by Mike Haas
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To: Mike Haas
Here are descriptions of the five bills described as being "pro-firearms" bills:

SB255 (Ducheny - Dem) Landmark "First in the Nation" Background Check Law - Signed by Governor Gray Davis. The provisions of SB255 will allow persons to pay $20.00 and undergo a State and Federal background check to determine their legal status for purchasing firearms without risking the violation of State and Federal laws in the process. Senate Bill 255 is long overdue, and allows a person to comply with State and Federal laws without becoming a victim of inaccurate government records or bureaucracy.

I can understand the idea of allowing people a "no-risk" means of learning whether they would be breaking the law by attempting to purchase a firearm. The idea that law-abiding people like myself have been forced to pay $20 repeatedly to prove that we are innocent every time we purchase a firearm is disgusting. If Kalifornia wishes to know whether I am a criminal, then Kalifornia ought to pay. I already know that I am not a criminal.

It remains to be seen whether this mechanism actually protects anyone. It my guess that a person can be charged for illegal purchase if it later appears that there was some disqualifying fact, even though the fact was not evident at the time of purchase.

Although not in Kalifornia, Emerson was charged with being in illegal possession due to a restraining order. Will the day arrive when gun-owners will need to purchase a "background" check every six-months in order to be confident that they are not in violation of some new infringement?

AB1044 (Negrete-Mcleod - Dem) CCW Applicant Privacy Protection - Several years ago, California law was changed to require the state Attorney General to maintain a centralized Department of Justice database of local CCW application data. Assembly Bill 1044 repeals this requirement, prevents the state from maintaining that information and affords other protections in local CCW forms and procedures. This bill would require the California Department of Justice to destroy any centralized database of information or records of CCW permit holders or applicants.

This bill puzzles me. It was my understanding that some jurisdictions have attempted to hide their CCW permit records because the records prove conclusively that the present "may issue" system of permits in Kalifornia is rife with cronyism, corruption, and de-facto racism. Requiring the state to destroy what may soon be claimed to be the only documentation on such matters is not a victory for gun-owners.

AB396 (Harman -Rep) Shared Habitat Alliance for Recreational Enhancement Program - Authorizes the California Department of Fish and Game to work in partnership with nonprofit conservation groups and other interested non-governmental organizations to encourage private landowners to voluntarily make their land available to the public for wildlife-dependent recreational activities.

The Second Amendment is not about hunting. There is no "sporting-purposes" exception in the Bill of Rights.

SB238 (Perata -Dem) Lowers the penalty for the simple possession of an unregistered firearm classified as a "Roberti-Roos Assault-Weapon" to a simple infraction (ticket) and not endanger your gun rights.

I haven't read this bill. It might be a benefit but then it might be a terrible trap. There is more than one "assault weapons" law on the books in Kalifornia. A person might get a ticket for violating "Roberti-Roos" by owning a Colt AR Sporter and then be imprisoned for violating "SB23" because the Sporter has a pistol grip on it. If it ever becomes within my power to do so, I will offer the tyrants supporting these bills a choice of the type of rope with which they are to be hanged.

AB1455 (Negrete-Mcleod - Dem) Airguns - Declares that BB and pellet guns that shoot ceramic or plastic objects are not toys. Existing law requires that toy guns be either bright orange or green.

This will be shown to be a tremendous mistake the first time some twelve-year-old with a BB gun is shot down by cops and the claim is made that gun-owners are responsible for the mis-identification of the "weapon".

Overall, I am tremendously unimpressed. The loss of ground represented by the more burdensome purchase permits recently passed and further restrictions mandating magazine disconnects and chambered-round indicators far outweigh this "progress".

2 posted on 11/10/2003 3:00:11 PM PST by William Tell
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To: William Tell
Over twenty years ago Californians overwhelmingly voted "NO" on a ban on handguns. The gun banners took away from the vote the lesson that they might achieve their objective short of a de jure ban. And they have. You can't buy a gun from a home, you can't buy a gun from a store without waiting 15 days before you can take it home, you can't carry it on your person without a hard to obtain CCW permit, and if you have a gun on the premises with children around, you must have a trigger lock on the gun or have it placed in a safe. In short, the gun banners in California have made guns hard to acquire and a hassle to own. They really don't need to make it "official." And there's nothing gun owners can do to change the reality short of an outright revolution in California.
3 posted on 11/10/2003 8:38:02 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: William Tell
>The idea that law-abiding people like myself have been forced to pay $20 repeatedly to prove that we are innocent every time we purchase a firearm is disgusting.

No one said that. The $20 is not extra - if the background check is successful, the $20 is applied toward the normal DROS purchase costs anytime over the next 30 days. There is no additional expenditure.

>I already know that I am not a criminal.

That's what many thought, until some 20 year old misdemeanor that was plea-bargained down to an anger management class suddenly showed up in the system and puts them on a prohibited list. Remember, the criteria for prohibition differs from state to state - what is ok in one state could mean felony indictment in another. Right now, California is the ONLY state where you can avoid the whole issue.

Realize, those poor gun buyers who get caught in this trap can be charged with THREE FELONIES -
1. "lying" on the federal form
2. "lying" on the state form
3. trying to buy a gun while prohibited.

"I didn't know I was prohibited" is not a defense - it is your responsibility to know, according to the law.

>It was my understanding that some jurisdictions have attempted to hide their CCW permit records because the records prove conclusively that the present "may issue" system of permits in Kalifornia is rife with cronyism, corruption, and de-facto racism. Requiring the state to destroy what may soon be claimed to be the only documentation on such matters is not a victory for gun-owners.

EVERY government list of gun-owners is bad, and EVERY such list destroyed is good - there are no exceptions. After AB1044 becomes law, all individual CCW applicant data will continue to be available via FIOA from local law enforcement (as it always has been) EXCEPT the reason for denial. AB1044 requires this be destroyed after a copy is sent to the applicant. Remember - this is potentially damaging info, and SHOULD be under the control of the applicant and NOT the government. The applicant is always free to use that PRIVATE, SENSITIVE info about themselves (why he/she was denied) to uncover CCW abuse if he/she chooses - NO ONE should be able to access that info without his/her permission.

AB1044 definitely protects the privacy of CCW applicant information. Those who want this list to be maintained by the government (where anti's can get to it too) are just trying to make it easy on THEMSELVES. Hey, John Lott went to every county in the US to compile his 10 year study. It's not prudent to sacrifice gun-owner privacy for what is a dubious gain at best.
4 posted on 11/10/2003 9:41:25 PM PST by Mike Haas
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