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CAL-FFL Opposition Letters to Gov. Brown regarding gun control bills (2013)

CAL-FFL Opposition Letters to Gov. Brown regarding gun control bills (2013)

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California Association of Federal Firearms Licensees opposition letters to Gov. Brown regarding gun control bills (2013)
California Association of Federal Firearms Licensees opposition letters to Gov. Brown regarding gun control bills (2013)

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11/19/2013

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Monday, September 23, 2013 Governor Jerry Brown State Capitol Sacramento, CA 95814 Regarding: Request for VETO of SB 299

(DeSaulnier)

Dear Governor Brown, I write you today on behalf of the thousands of members and supporters of California Association of Federal Firearms Licensees (CAL-FFL), California’s largest firearms industry and consumer advocacy association, to express our STRONG OPPOSITION to SB 299. SB 299 criminalizes, with no exceptions, any failure to report a lost or stolen firearm to law enforcement within 48 hours. The one group of people who could not be prosecuted under SB 299 are those most likely to use a firearm in the commission of a crime. Felons and others prohibited from possessing firearms cannot be charged with failure to report a lost or stolen gun -- requiring them to do so would violate their Fifth Amendment right against self-incrimination (for the crime of possessing a gun in the first place, possibly even by operation of another crime). As you poignantly stated in your veto message1 for Senator DeSaulnier’s last attempt to create such a law, “For the most part, responsible people report the loss or theft of a firearm and irresponsible people do not. I am skeptical that this bill would change those behaviors.” We respectfully ask that you VETO SB 299. Sincerely, _______________ Craig DeLuz Legislative Advocate cc: June Clark, Deputy Legislative Secretary

Veto message at http://gov.ca.gov/docs/SB_1366_Veto_Message.pdf, last visited September 20, 2013.

                                                                                                               
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Monday, September 23, 2013 Governor Jerry Brown State Capitol Sacramento, CA 95814 Regarding: Request for VETO of SB 374 (Steinberg)

Dear Governor Brown, I write you today on behalf of the thousands of members and supporters of California Association of Federal Firearms Licensees (CAL-FFL), California’s largest firearms industry and consumer advocacy association, to express our STRONG OPPOSITION to SB 374. SB 374 would ban semi-automatic rifles in common use for lawful purposes, protected under the Second Amendment to the United States Constitution. It would also create new criminal liability for hundreds of thousands of Californians and California visitors -- including shooting sports competitors -- without so much as a simple outreach program, public service announcement, or mandate that DOJ update the years-outdated (and, in many cases, grossly misleading) information it promulgates [but refuses to correct in spite of the real consequences to law-abiding people]. However, SB 374 would have an unintended consequence that benefits our members and all American gun owners -- the bill would assist the gun industry and consumers alike by providing a clear federal civil rights litigation path for making the common semi-automatic firearms that Senator Steinberg (and others) seek to ban here forever off-limits to opportunistic politicians and misguided acts like Senator Steinberg’s SB 374. As such, we have no choice but to be GRATEFUL that Senator Steinberg would choose to expedite our litigation strategy (saving us thousands of dollars and many years) by providing such a ripe opportunity for us to litigate these Constitutional questions to their ultimate conclusion. SB 374 could very well represent Senator Steinberg’s legacy, amusingly revered forever by gun owners and dealers across the nation as “the man who saved the AR-15.” We strongly urge you to VETO SB 374 unless you, like us, wish to see AR-15s on the walls of every California gun dealer, freely available for sale to all non-prohibited people -- and this debate concluded once and for all. Sincerely, _______________ Craig DeLuz Legislative Advocate cc: June Clark, Deputy Legislative Secretary

Monday, September 23, 2013 Governor Jerry Brown State Capitol Sacramento, CA 95814 Regarding: Request for VETO of SB 475 (Leno)

Dear Governor Brown, I write you today on behalf of the thousands of members and supporters of California Association of Federal Firearms Licensees (CAL-FFL), California’s largest firearms industry and consumer advocacy association, to express our STRONG OPPOSITION to SB 475. SB 475 would require the prior approval of the board of supervisors of both the County of San Mateo and the City and County of San Francisco for an officer, employee, operator, or lessee of District 1-A to contract for, authorize, or allow an event at which a firearm or ammunition is sold at the Cow Palace, effectively ending gun shows at this facility. SB 475 is nothing less than a blatant and hostile attack on Constitutionally-protected speech -and the law-abiding participants of gun shows -- based purely on the content of the speech. If San Mateo and/or San Francisco don’t wish for good and peaceful people to engage in expressive conduct protected under the First and Second Amendments at the Cow Palace, they should ask the Legislature to replace the buildings and grounds of District 1-A with a prison. We strongly urge you to VETO SB 475. Sincerely, _______________ Craig DeLuz Legislative Advocate cc: June Clark, Deputy Legislative Secretary

Monday, September 23, 2013 Governor Jerry Brown State Capitol Sacramento, CA 95814 Regarding: Request for VETO of SB 567 (Jackson)

Dear Governor Brown, I write you today on behalf of the thousands of members and supporters of California Association of Federal Firearms Licensees (CAL-FFL), California’s largest firearms industry and consumer advocacy association, to express our STRONG OPPOSITION to SB 567. SB 567 is an unnecessary re-definition of a common class of firearms -- shotguns -- into strictlyregulated “Assault Weapons”, forever removing them from the market and the opportunity to pass on personal property to heirs. SB 567 would upend over a century of social understanding and tradition for the sole purpose of extending criminal liability to gun owners that don’t commit crimes. This measure attempts to ban an obscure class of shotguns that are never involved in crime or reported to be a public safety concern. These “shotguns” have rifled barrels as they are designed to also fire handgun rounds, often in “cowboy” loads such as .45 Long Colt. SB 567 seeks to criminalize a versatile, cowboy-style shotgun for no stated purpose other than it had not been contemplated in 1989 under the Roberti-Roos Dangerous Weapons Control Act. What SB 567 really does is show that all firearms, even innocuous non-semi automatic ones like those targeted by this bill, will at some point be reclassified by the legislature as an “Assault Weapon” for the express purpose of making California’s prohibitions on firearms more and more expansive. If SB 567 had merit, then there would be no real limit on the types and categories of firearms that will one day be banned in this state. The old Winchester lever-action repeating rifles -designed in the late 1800s -- would most certainly become tomorrow’s “Assault Rifle”. But SB 567 does not have merit, and there must exist a practical limit on how government can regulate firearms according to their respective technologies. SB 567 falls short of respecting that limit. Finally, the author failed to include the most basic of elements that a bill like this one cries out for: A provision for law enforcement training and public outreach. We strongly urge you to VETO SB 567. Sincerely, _______________ Craig DeLuz Legislative Advocate cc: June Clark, Deputy Legislative Secretary

Monday, September 23, 2013 Governor Jerry Brown State Capitol Sacramento, CA 95814 Regarding: Request for VETO of SB 683 (Block)

Dear Governor Brown, I write you today on behalf of the thousands of members and supporters of California Association of Federal Firearms Licensees (CAL-FFL), California’s largest firearms industry and consumer advocacy association, to express our STRONG OPPOSITION to SB 683. SB 683 expands the Handgun Safety Certificate requirement to include all firearms beginning in January of 2014. This measure would make the qualification test for a “firearm safety certificate” unnecessarily difficult as it will require detailed knowledge of the many firearm types that a purchaser doesn’t (and may never) own. Handgun purchasers seeking to exercise Second Amendment rights would no longer need know only the safety and operational details of handguns. Under SB 683, they would also need to learn, know, and pass a test on the intricacies of firearm categories like rifles, shotguns, other long guns, and firearms Federally classified as Any Other Weapons, each having myriad action types such as lever, pump, semi-automatic, single-shot, and others…. despite the fact that they may never choose to own any of them. We appreciate the author’s desire to make sure that gun owners have a basic understanding of how to safely handle and operate their firearms. However, one of our proposed common-sense amendments -- that the bill provide for a core-competency firearm safety certificate and “endorsements” for firearm types, not unlike a commercial driver’s license -- was perplexingly rejected. We respectfully ask that you VETO SB 683. Sincerely, _______________ Craig DeLuz Legislative Advocate cc: June Clark, Deputy Legislative Secretary

Monday, September 23, 2013 Governor Jerry Brown State Capitol Sacramento, CA 95814 Regarding: Request for VETO of SB 755 (Wolk)

Dear Governor Brown, I write you today on behalf of the thousands of members and supporters of California Association of Federal Firearms Licensees (CAL-FFL), California’s largest firearms industry and consumer advocacy association, to express our STRONG OPPOSITION to SB 755. SB 755 is nothing less than an attack on civil rights, a bill to create broad new classes of people ineligible to exercise fundamental rights expressly protected in the United States Constitution. Depriving an individual of their Constitutionally-enumerated rights is a heavy burden that society takes on only in exceptional cases. Under SB 755, Second Amendment rights would be abrogated for non-violent crimes like public intoxication and vehicle code violations. Would we even begin to consider such a punishment in the context of the right to speak, vote, or have an abortion? We think not. Our societal values dictate that punishment fit the corresponding crime. SB 755 goes far beyond reason, stripping people of their civil rights and creating criminal liability where other punishments are more appropriate. We strongly urge you to VETO SB 755. Sincerely, _______________ Craig DeLuz Legislative Advocate cc: June Clark, Deputy Legislative Secretary

Monday, September 23, 2013 Governor Jerry Brown State Capitol Sacramento, CA 95814 Regarding: Request for VETO of AB 48 (Skinner)

Dear Governor Brown, I write you today on behalf of the thousands of members and supporters of California Association of Federal Firearms Licensees (CAL-FFL), California’s largest firearms industry and consumer advocacy association, to express our STRONG OPPOSITION to AB 48. AB 48 would, very simply, turn tens [and possibly hundreds] of thousands of law-abiding California citizens and visitors -- including law enforcement training professionals -- into criminals. The bill would make the repair of legal, lawfully-possessed private property outright impossible and criminalize the mere possession of spare parts. Millions and millions of such parts exist in the State of California today. Assemblymember Skinner’s AB 48 would also negatively affect honorably retired and former law enforcement officers who possess firearm magazines and parts as AB 48 provides no exemption for such people. Even if AB 48 contained an exemption for former law enforcement officers, such a provision would be unconstitutional.1 Outrageously, AB 48 fails to provide for even a modicum level of public outreach and awareness... a terminal oversight for such a massive change to existing law. The technical deficiencies in and legal problems created by this bill would nearly certainly create an unenforceable nightmare for law enforcement by introducing serious civil liability for law enforcement personnel and agencies that [even unknowingly] violate individuals’ civil rights. This measure also represents a gross violation of fundamental rights by through its taking of private property – particularly, items protected under the Second Amendment – without compensation or due process. AB 48 offers no improvement to public safety and creates massive new costs and risks for the State, its residents and visitors, and law enforcement alike. We respectfully ask that you VETO AB 48. Sincerely, _______________ Craig DeLuz Legislative Advocate cc: June Clark, Deputy Legislative Secretary

California Attorney General Edmund G. Brown, Jr. at http://oag.ca.gov/system/files/opinions/pdfs/09-901.pdf, last visited September 20, 2013.

                                                                                                                1  See, Silveira v. Lockyer, 312 F.3d 1052, 1087 (9th Cir.2002). See also, Opinion no. 09-901 by

Monday, September 23, 2013 Governor Jerry Brown State Capitol Sacramento, CA 95814 Regarding: Request for VETO of AB 169 (Dickinson)

Dear Governor Brown, I write you today on behalf of the thousands of members and supporters of California Association of Federal Firearms Licensees (CAL-FFL), California’s largest firearms industry and consumer advocacy association, to express our STRONG OPPOSITION to AB 1131. Last year, you vetoed1 an even less far-reaching bill (AB 2460, also by Assemblymember Dickinson), for which you stated, “I don't believe this is justified.” We agree with your conclusion in that case and ask that you find this year’s attempt to further restrict Constitutionally-protected handgun sales similarly objectionable. AB 169 would box all law enforcement officers -- both active and retired -- who acquire an “unsafe” handgun into a legal corner: They wouldn’t just be subject to the same laws as every other “regular” California citizen, they would actually have fewer rights and opportunities to sell or transfer their firearms (see proposed Penal Code section 32000(b)(4)). This bill is not just a repeat of the bill that you vetoed last year. It’s worse. Additionally, AB 169 would prohibit all law-abiding gun owners from selling more than two lawfully-owned handguns if they are not listed on the Department of Justice’s Roster of Handguns Certified for Sale (“Roster”). As you are undoubtedly aware, the number of handguns that can be Rostered is now indefinitely limited -- and will most certainly continue to decrease -- because of the Department’s recent decision to require that all handguns contain “microstamping” technology in order to be considered for inclusion on the Roster. There are no handguns available today that satisfy every provision of the Safe Handgun Act. There are many constitutional problems in AB 169, not the least of which is a gross violations of the Fourteenth Amendment’s Equal Protection Clause. AB 169 also presents Takings and Commerce Clause issues. Accordingly, we respectfully ask that you VETO AB 169. Sincerely, _______________ Craig DeLuz Legislative Advocate cc: June Clark, Deputy Legislative Secretary

Veto message at http://gov.ca.gov/docs/AB_2460_Veto_Message.pdf, last visited September 20, 2013.

                                                                                                               
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Monday, September 23, 2013 Governor Jerry Brown State Capitol Sacramento, CA 95814 Regarding: Request for VETO of AB 170 (Bradford)

Dear Governor Brown, I write you today on behalf of the thousands of members and supporters of California Association of Federal Firearms Licensees (CAL-FFL), California’s largest firearms industry and consumer advocacy association, to express our STRONG OPPOSITION to AB 170. AB 170 will do nothing less than create perverse results, significant legal issues, and impose severe cost impacts for our members, law enforcement, the entertainment industry, and negatively affect the economy generally. The following are just a few of the many issues that AB 170 would present if allowed to become law: • How would corporations sell “assault weapons” to law enforcement and the entertainment industry if the corporation itself does not possess such a permit, as required under the Roberti-Roos Act, to be a “licensed firearms dealer?” They could not. (See Penal Code section 16970.) How would individuals sell “assault weapons” to law enforcement and the entertainment industry if the individual is the only one that possesses the “assault weapons” permit but the employing corporation is the one that possess the requisite firearms dealer licensing pursuant to Penal Code sections 16700 to 26715? As AB 170 is written, individuals cannot sell such firearms on behalf of a corporation. What is the legal status of a corporation’s “assault weapon” inventory when their permitted employees quit or are fired? The corporation would suddenly be in felonious possession of “assault weapons” and/or “.50 BMG rifles” despite the fact that the permitted individual was acting under the corporation’s license. This places the corporation under the sword of Damocles when their permitted employee should be terminated for misconduct or threatens to leave the corporation. Individual permittees would statutorily become personally responsible for the sale of the “assault weapon” or “.50 BMG rifle”, thereby defeating the liability shield of the corporate structure.

AB 170 would not increase public safety or reduce crime. AB 170 would, however, cost law-abiding California businesses thousands of dollars each year for compliance, add significant costs to law enforcement agency firearm procurement contracts, impose substantial (and costly) logistical hurdles for the entertainment industry, and create severe administrative burdens for the individuals and employees who work under a Federal Firearms License, already some of the most scrutinized organizations in the entire private market. We respectfully ask that you VETO AB 170. Sincerely, _______________ Craig DeLuz Legislative Advocate cc: June Clark, Deputy Legislative Secretary

Monday, September 23, 2013 Governor Jerry Brown State Capitol Sacramento, CA 95814 Regarding: Request for VETO of AB 180 (Bonta)

Dear Governor Brown, I write you today on behalf of the thousands of members and supporters of California Association of Federal Firearms Licensees (CAL-FFL), California’s largest firearms industry and consumer advocacy association, to express our STRONG OPPOSITION to AB 180. AB 180 is nothing short than a direct attack on the State’s uniform system of regulating guns and gun owners by carving out a preemption exemption for only the City of Oakland. The system envisioned by AB 180 (and the City, per numerous news sources) would be damaging to all Californians, particularly Oakland residents, and harm fundamental rights by adding unnecessary, duplicative, and costly local laws -- an outcome that disproportionately affects poorer Oaklanders. Mr. Bonta’s AB 180 will further increase the risk of criminal liability for law-abiding people by introducing significant complexity and confusion into California’s already prolific gun laws but do absolutely nothing to improve public safety. Under AB 180, it is not difficult to envision that Oakland would soon create a system of gun control laws that would make Oakland as dangerous as other cities, such as Washington, D.C. and Chicago, that have disarmed their law-abiding people through bans and other rightchilling regulations. Tragically, but unsurprisingly, Chicago -- which has some of the most restrictive gun laws in the country -- is now the murder capitol of the United States. Beginning January 1, 2014, the State of California will, at the time of every firearm transaction, register all firearms and firearm owners. There is no rational, compelling, or important governmental interest served by allowing Oakland -- and the many municipalities that will undoubtedly follow their lead -- to add burden and cost to the exercise of fundamental rights by doing the same things that the State already does. We respectfully ask that you VETO AB 180. Sincerely, _______________ Craig DeLuz Legislative Advocate cc: June Clark, Deputy Legislative Secretary

Monday, September 23, 2013 Governor Jerry Brown State Capitol Sacramento, CA 95814 Regarding: Request for VETO of AB 231 (Ting)

Dear Governor Brown, I write you today on behalf of the thousands of members and supporters of California Association of Federal Firearms Licensees (CAL-FFL), California’s largest firearms industry and consumer advocacy association, to express our STRONG OPPOSITION to AB 231. AB 231 make a new crime by restricting a child to gain access to an unsecured firearm. This measure ignores the fact that, in many households, there are minor children -- often teens who are well trained -- to safely access and utilize a firearm to defend the home. Consider this recent headline: ‘15-YEAR OLD BOY USES AR-15 TO DEFEND HIMSELF, SISTER AGAINST HOME INVADERS.’ AB 231 would have made that lawful (and courageous) act of self-defense a crime. On June 22, 2012 in Phoenix, AZ, a 14 year old boy who was babysitting his three younger siblings shot an armed intruder. The local Fox News affiliate reported: “The boy was with his siblings when he heard rattling at the door and people attempting to break in. He went upstairs to retrieve a handgun and as he was coming down the stairs, the door broke open. The boy became face to face with a burglar, who pointed a gun at him. The 14-year-old fired at the suspect, critically wounding him.”1 Under AB 231, the parents of that young hero would be charged as criminals. It is the role of parents – not the government – to decide when their children are responsible enough to be entrusted with self-defense tools. Finally, one fact that cannot be disputed or ignored: Guns save lives. That fact remains true even in the context of those who are not yet 18 years old. CAL-FFL respectfully asks for your VETO of AB 231. Sincerely, _______________ Craig DeLuz Legislative Advocate cc: June Clark, Deputy Legislative Secretary

Cited news story located at http://www.myfoxphoenix.com/story/18860494/2012/06/22/14year-old-shoots-injures-home-intruder, last visited September 20, 2013.

                                                                                                               
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Monday, September 23, 2013 Governor Jerry Brown State Capitol Sacramento, CA 95814 Regarding: Request for VETO of AB 500 (Ammiano)

Dear Governor Brown, I write you today on behalf of the thousands of members and supporters of California Association of Federal Firearms Licensees (CAL-FFL), California’s largest firearms industry and consumer advocacy association, to express our STRONG OPPOSITION to AB 500. AB 500 would allow the California Department of Justice to arbitrarily and administratively extend the waiting period for firearm transactions to 30 days (from the current 10) with no due process or remedy for the firearm purchaser or impacted sellers. This bill would harm California’s economy by creating an unpredictable process, increasing liability, and imposing additional administrative and cost burdens on thousands of small businesses. Instead of using the DROS fund surplus money for the purpose it was collected from California gun purchasers (namely, the creation and maintenance of the DROS background check system, including fixing DOJ’s materially-defective databases reported on in the L.A. Times in an article entitled ‘California criminal database poorly maintained’1), the DOJ instead sought out legislative remedies to reallocate the [improperly-collected] DROS fund surplus to its failed APPS program. Assemblymember Ammiano’s AB 500 is nothing more than a mule for bootstrapping DOJ’s unconstitutional practices of delaying and denying rights into the statutes. AB 500 codifies, in part, the outright disaster of a program that is DOJ’s DROS under Attorney General Kamala Harris. Notably, Ms. Harris is a named defendant (in her official capacity as Attorney General) in two civil rights lawsuits2 relating to the DOJ’s “DROS delay” policies at issue in AB 500. If AB 500 becomes law, it will absolutely be challenged in court and subject the State to significant additional litigation costs. If the above were not bad enough, AB 500 also strips individuals of civil rights simply for residing with a person ineligible to possess firearms, including those who are prohibited by state or federal law but who did not commit any crime of violence. For all of these reasons, we respectfully ask that you VETO AB 500. Sincerely, _______________ Craig DeLuz Legislative Advocate cc: June Clark, Deputy Legislative Secretary

                                                                                                               
Article by Jack Dolan, dated July 17, 2011 at http://articles.latimes.com/2011/jul/17/local/la-mecrime-data-20110717, last visited September 20, 2013: California has a “shoddy system for collecting case results from 58 county courts and hundreds of local prosecutors and police agencies, said Travis LeBlanc, a special assistant attorney general who oversees technology operations in the state Department of Justice.” The lawsuits are Schoepf, et al. v. Harris, et al., filed April 11, 2013 in Fresno Superior Court, and Owen, et al. v. Harris, et al., filed September 19, 2013 in California’s Eastern District Federal Court.
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Monday, September 23, 2013 Governor Jerry Brown State Capitol Sacramento, CA 95814 Regarding: Request for VETO of AB 711 (Rendon)

Dear Governor Brown, I write you today on behalf of the thousands of members and supporters of California Association of Federal Firearms Licensees (CAL-FFL), California’s largest firearms industry and consumer advocacy association, to express our STRONG OPPOSITION to AB 711. This bill would prohibit the use of virtually all modern ammunition for hunting and destroy California’s long heritage of outdoor sport and sensible wildlife management practices. In 2009, the California Fish and Game Commission (at the recommendation of the California Department of Fish and Game) voted overwhelmingly against banning lead bullets, noting the complete vacuum of scientific evidence supporting a policy like that contained in AB 711. We respectfully ask that you VETO AB 711. Sincerely, _______________ Craig DeLuz Legislative Advocate cc: June Clark, Deputy Legislative Secretary

Monday, September 23, 2013 Governor Jerry Brown State Capitol Sacramento, CA 95814 Regarding: Request for VETO of AB 1131 (Skinner)

Dear Governor Brown, I write you today on behalf of the thousands of members and supporters of California Association of Federal Firearms Licensees (CAL-FFL), California’s largest firearms industry and consumer advocacy association, to express our STRONG OPPOSITION to AB 1131. AB 1131 would increase the prohibition on firearms possession and ownership from 5 years to 10 years for those taken into custody and placed in an approved facility for a 72-hour treatment and evaluation. It strips individuals of their Constitutionally-protected civil rights with absolutely no legal, evidentiary, or historical justification. There is no factual basis for the premise of the bill, that the existing 5 year prohibition is insufficient to satisfy the State’s public safety interest. This measure only serves to further stigmatize those in society who may have, at one time, experienced a short-term challenge with a mental health issue. Given that the bill would not improve public safety but would impact the civil rights of many Californians, CAL-FFL respectfully asks that you VETO AB 1131. Sincerely, _______________ Craig DeLuz Legislative Advocate cc: June Clark, Deputy Legislative Secretary

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