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Lawmakers in California seek to put 10 year gun bans on more misdemeanor offensives

State Sen. Hannah-Beth Jackson, D-Santa Barbara, wants more gun bans on more misdemeanor gun offenders. (Photo: Rich Pedroncelli/AP)

 

A proposal backed by a number of gun control groups that would expand the list of crimes that trigger an automatic 10-year ban on gun possession is moving through the Senate.

 

The bill, backed by a lawmaker who helped write last year’s Gun Violence Restraining Order legislation, would add such crimes as selling ammunition to someone under the age of 21 to current ones that mandate a ban on gun ownership and purchases for a decade. Introduced in April, it passed the Senate by a 24-15 vote and is now winding its way through the Assembly.

 

The measure’s sponsor is Sen. Hannah-Beth Jackson, D-Santa Barbara, who contends it will help stop future gun crimes.

 

“The horrific tragedy that happened nearly a year ago in Isla Vista has strengthened the resolve of so many of us that we must do more to prevent gun violence,” she said in a statement. “We know that those convicted of nonviolent firearm-related offenses are more likely than the average person to commit very serious crimes in the future. They are five times more likely to be charged with crimes like murder, seven times more likely to be charged with other nonviolent firearm offenses, and four times more likely to be charged with new violent offenses.”

 

Jackson’s bill, SB 347, adds to the state’s already existing list of misdemeanor crimes that result in a 10 year prohibition on possessing a firearm. These include:

 

Transferring a handgun without a firearms license.

Selling or giving possession of ammunition to a minor.

Selling handgun ammunition to a person under 21 years of age.

Possession of ammunition by a person prohibited from possessing a firearm.

Furnishing ammunition to a person prohibited from possessing ammunition.

Carrying ammunition onto school grounds.

Receiving stolen property consisting of a firearm.

Carrying a loaded or concealed weapon if the person has been previously convicted of a drug charges.

Possession of a firearm that is not registered.

 

“This bill helps keep guns out of the hands of those who shouldn’t have them and keeps our communities safer,” said Jackson.

 

The legislation is supported by the Santa Barbara Police Department, the Los Angeles County Professional Peace Officers Association and other law enforcement groups as well as the Brady Campaign to Prevent Gun Violence and Coalition Against Gun Violence.

 

In opposition are the National Rifle Association and its state affiliate, the California Rifle and Pistol Association who contend the move is overly broad.

 

“The addition of these misdemeanor offenses to the prohibited category list that include the ‘transfer’ of firearms or ammunition could entrap family members who are giving firearms to relatives and are unaware of the requirements for firearm transfers through licensed dealers,” reads an alert from the NRA’s Institute for Legislative Action.

 

Jackson’s bill is scheduled to be heard Wednesday by the Assembly Committee on Appropriations.

Pennsylvania towns abolish gun laws to avoid lawsuits

New state law which makes it easier for gun-rights groups to fight firearms measures has divided Pennsylvania communities, with nearly two dozen municipalities ready to abolish gun control ordinances rather than be dragged into court.

An attorney for four pro-gun groups and several residents, Joshua Prince, has blamed the new law for putting nearly 100 Pennsylvania municipalities on notice that they will face legal action unless they cancel their firearms laws, AP reported. According to Prince, at least 22 of those municipalities have already either abolished them or plan to do so.

Pennsylvania, known for its tradition of hunting and gun ownership, has long forbidden its municipalities from enforcing firearms ordinances regulating the ownership, possession, transfer or transportation of guns or ammunition. Gun-rights groups complained that a number of municipalities neglected the 40-year-old prohibition by passing their own gun measures.

Under the new state law, gun owners no longer have to prove they have been harmed by the local measure to successfully challenge it. So organizations like the National Rifle Association can sue on behalf of any Pennsylvania member, while the challenger can seek damages as well.

At least one other US state, Florida, also allows a membership organization to file suits over local gun regulations.

Philadelphia, Pittsburgh and Lancaster have sued to annul the Pennsylvania law, alleging the legislation was passed improperly.

Officials say meanwhile the city could ill afford a legal fight.

“We get ourselves in trouble in terms of trying to circumvent a state law,” AP quoted Councilman Jeff Waltman as saying. “We’re not going to solve this with a local gun law anyway.”

Harrisburg, the capital city of Pennsylvania, wants to defend its ordinances, maintaining they comply with state law. The measures ban gunfire anywhere in the city and possessing firearms in city parks. There’s also a requirement to report lost or stolen weapons. According to Mayor Eric Papenfuse, Harrisburg’s laws are aimed at fighting gun violence.

“I don’t think it’s the be-all and end-all of public safety, but I think it’s an important tool to have, and it absolutely sends the wrong message to try to rescind those ordinances, especially given the epidemic of gun violence we have in cities like Harrisburg,” the told AP.

Gun activist and founder of American Gun Owners Alliance in the Pocono Mountains, Dave Dalton, said no municipality has a right to hijack Pennsylvania law.

“What gives a town or a city the authority to say, ‘We’re in Pennsylvania, but we don’t care about Pennsylvania law?’ It’s laughable,” Dalton told AP.

It is clear the local laws have violated gun owners’ rights without making people safer.

January 12, 2015 (Via: RT)