California Senate Votes 28-8 to Exempt Itself from California Gun Laws
And the hits just keep coming… but in the era of Trump, even California lawmakers are finding it tough to enact new gun control laws. Although the California State Senate agrees with Charlie Rangel that they “deserve” to own guns but the citizens do not – they continue to pass more and more onerous gun control laws and NONE of them apply to themselves!
Now the California state affiliate of the National Rifle Association, among others – are firing back. And it’s beginning to work: July 1 was the day that law-abiding Californians almost became criminals without leaving their homes or lifting a finger. For instance, I have a .38 and have for as long as I can remember – but guess what? Because I live in California, I can no longer – as of this month – possess or buy ammo for it.
So I’ll just make like the thugs in the old Superman TV series and throw the gun at people as they attempt to rape and pillage… never worked that well. However – other gun-grabbing laws are not working out as well.
Proposition 63 required the owner of high-capacity magazines in California to sell them to a licensed dealer, move them out of state, turn them over to law enforcement, or become a criminal. The penalty? Up to $100 per magazine and a year in the county jail.
That was too much for a U.S. District Court in San Diego. Judge Roger Benitez agreed with the plaintiffs in a lawsuit challenging the magazine ban that they would suffer irrevocable harm unless the enforcement of the law was halted while the lawsuit went forward. He issued a preliminary injunction just days before the law was to take effect.
Judge Benitez said the law was likely unconstitutional because the Second Amendment right to keep and bear arms encompasses the right of an individual to use “whatever common magazine size he or she judges best suits the situation.” The court also agreed with the plaintiffs that confiscation of the magazines violated the Fifth Amendment’s prohibition on the taking of property for public use without just compensation.
After the San Bernardino mass shooting, state lawmakers adopted a package of firearms restrictions. Two of the most significant reforms have been delayed.
The new restrictions included an expanded version of the state’s assault weapons ban, designed to close a loophole that had been exploited just months earlier by ISIS-inspired gunmen; a prohibition on owning high-capacity magazines; and a requirement for background checks on sales of ammunition. But implementing several of California’s most significant new laws has proved surprisingly difficult, apparently in reaction to the election of Donald Trump to the Oval Office:
Garen Wintemute, who studies gun policy and violence at the University of California, Davis; stated; “It’s part of the landscape now that any new law or regulation will be subject to some sort of challenge. There’s going to be uncertainty about whether or when it’s enforceable.”
As it turns out, not even lawyers in the California attorney general’s office may qualify as “learned experts” on guns or gun control – yet they continue to ignore the Second Amendment with enthusiasm. During a preliminary injunction hearing, on the new high magazine law ban, it was noted that; “the attorney for the Attorney General, although well prepared, was not able to describe all of the various exceptions to the dispossession and criminalization components” of the new law.
“Who could blame her?” the judge wrote. “The California matrix of gun control laws is among the harshest in the nation” and “filled with criminal law traps for people of common intelligence who desire to obey the law.”
While many states have become more gun-friendly in recent years – passing laws that allow for open and concealed carry – California has not. In fact, the state has passed a series of laws that have basically made the Golden State the capital of gun control.
The California Rifle and Pistol Association on Monday filed a lawsuit aimed at overturning a sweeping set of bills signed into law last year by California Gov. Jerry Brown. The group has planned to challenge different aspects of the California law, which passed following the mass shootings in San Bernardino, which killed 14 people, and in Orlando, which killed 49.
California gun owners have little choice but to rely on the federal courts to restore their rights when state or local authorities erase them. Nearly all states have a version of the Second Amendment in their state constitutions, but California does not.
Five years ago, the California State Senate voted 28-8 to exempt themselves from these very gun-control laws that apply to the rest of the California.
You think maybe this will cause Californians to rise up? NOPE! Even though it was 5 years ago – since then, California has passed a plethora of other gun laws…that only apply to citizens.
Yes, you heard me right! The exemption was created in 2011 and the California legislature has passed a number of gun laws since. Pretty easy when you are passing bills that do not apply to you!
It is not the only special privileges California legislators provide themselves!
They do not pay red light camera bills or for gasoline!
How does it all happen so easily in California? The Washington Post explains:
Attempts by a handful of reformers to require politicians to provide a full annual disclosure of the benefits received from the public treasury have been rebuffed. Currently, government officials must file a statement of economic interests revealing income from any source other than a local, state or federal government agency. Gifts worth more than $50 also must be disclosed, but lawmakers rejected a bill that would have prohibited acceptance of concert and sporting event tickets, gift cards, spa treatments, golf outings and other benefits from lobbyists trying to buy votes.
Bills of this nature never meet an honest fate in which roll-call votes put members on the record as favoring or opposing each idea. Instead, reform measures are held in committee to die quietly as legislative deadlines pass. As of last week, it’s effectively impossible for a bill to become law if it hasn’t already passed in at least one of the chambers.
…and it just goes on and on!
Red Skelton said so eloquently in his commentary on the Pledge of Allegiance:
And to the Republic — A Republic: a sovereign state in which power is invested into the representatives chosen by the people to govern; and the government is the people; and it’s from the people to the leaders, not from the leaders to the people.
California has it backwards, they are running with the method of “from the leaders to the people.”
That is why I joined the 5 million people who have fled California within the last decade.
You can take me out of Texas in a pine box, and even then I will be kicking and screaming!