Rancho Santa Margarita, CA, and Madera, CA (April 17, 2012) - In opposition to a proposed gun control ordinance in the City of Pinole, California, firearms and civil rights attorney Jason Davis of the law firm Davis and Associates has submitted a letter to the City Council on behalf of California Association of Federal Firearms Licensees (Cal-FFL).
Passed on to the Council by the Planning Commission in March, the proposed ordinance seeks to effectively ban sales and the display of firearms within the city limits. It also establishes “dealer-free zones” around parks and other places, a discretionary permit system for firearm licensee applicants, administered by the chief of police, and burdensome land use and business license regulations.
“Not only are the proposed amendments and additions preempted, they are fatally flawed,” noted Davis, “[t]he provisions are written in such a manner that it violates the Second Amendment right to keep and bear arms within the home as well as the First Amendment right to free speech by barring firearms from being displayed within any premises where they can readily be seen from the outside – regardless of whether the firearms are for sale or being advertised for sale.”
“It’s perplexing that the City Council would even entertain the thought of passing unconstitutional and clearly preempted laws such as the ones before them tonight,” said Cal-FFL president Brandon Combs. “We hope they come to the reasonable conclusion that subjecting Pinole residents and taxpayers to the high costs of litigation by passing the ordinance is not in the best interests of the City.”
The Council Report and a copy of the proposed ordinance can be found at this link.
A copy of Cal-FFL’s letter to the Pinole City Council can be downloaded here.