Supporters challenge ban on some rifles
CONTRA COSTA TIMES ^ | 6/4/04 | Peter Felsenfel
A group of sporting magazines and gun clubs sued Contra Costa supervisors in San Francisco federal court Tuesday over an ordinance banning the sale of .50-caliber rifles.
Supervisors approved the controversial restrictions in April, arguing that a terrorist could use the powerful weapon to set an oil refinery ablaze in a toxic conflagration.
Supervisor Millie Greenberg of Danville voted against the measure. At the time, she pointed out that proponents failed to produce a refinery safety expert to corroborate those claims.
The ordinance, which goes into effect Sunday, applies only to dealers in the county's unincorporated areas. There are two such retailers, neither of which sells .50-caliber weapons.
Still, supervisors hope other cities follow suit with similar measures. Gun enthusiasts want to stop the ban in its tracks.
"The gun-ban lobby is starting in Contra Costa and moving across the state," said Chuck Michel, an attorney for the plaintiffs. "It's a coordinated effort to demonize another subclass of firearms."
Supervisor Gayle Uilkema of Lafayette, who cosponsored the ordinance with Supervisor John Gioia of Richmond, said she isn't worried about the lawsuit. The county is probably well within its rights to restrict the rifles, she said.
"I think our position is very strong," she said. "We were careful to make sure the .50-caliber rifle could be regulated locally."
Plaintiffs against the county include the California Rifle and Pistol Association, the Fifty Caliber Shooters Association, Double Gun Journal, and Sports Afield Magazine.
They argue that Contra Costa's ordinance is pre-empted by state laws that only limit firearms greater than .60-caliber. Also, the suit argues, the ban interferes with interstate commerce.
That's because the ordinance prohibits "displaying for sale any large-caliber fire arm." The provision would unfairly hurt magazines that run advertisements for power weapons, the suit states.
With the ban in place, those publications would either have to "publish a separate edition for the Contra Costa County area or cease distributing their magazine (in the county)," the suit states.
Contra Costa may serve as the primary legal testing ground for .50-caliber laws. The city of Los Angeles passed a similar prohibition last year that has not been challenged.
"We invite this litigation," said Andres Soto, policy director for the San Francisco-based Trauma Foundation, which seeks to keeps guns out of the hands of young people. "We're confident the county will demonstrate the soundness of this approach to prohibiting these deadly weapons from the stream of commerce."
The county will likely have an ally in its fight. The nonprofit Legal Communities Against Violence has arranged for a private firm to provide pro bono legal assistance, said managing attorney Juliet Leftwich. She declined to name the firm.
The guns, which weigh up to 40 pounds and cost an average of $5,000, have generated attention in Sacramento.
Assemblyman Paul Koretz, D-West Hollywood, introduced legislation last year to curb the manufacture and sale of .50-caliber rifles statewide. His bill, AB50, is set for a hearing this month in the Senate Public Safety Committee.
Peter Felsenfeld covers Contra Costa County. Reach him at 925-977-8506 or pfelsenfeld@cctimes.com.
CONTRA COSTA TIMES ^ | 6/4/04 | Peter Felsenfel
A group of sporting magazines and gun clubs sued Contra Costa supervisors in San Francisco federal court Tuesday over an ordinance banning the sale of .50-caliber rifles.
Supervisors approved the controversial restrictions in April, arguing that a terrorist could use the powerful weapon to set an oil refinery ablaze in a toxic conflagration.
Supervisor Millie Greenberg of Danville voted against the measure. At the time, she pointed out that proponents failed to produce a refinery safety expert to corroborate those claims.
The ordinance, which goes into effect Sunday, applies only to dealers in the county's unincorporated areas. There are two such retailers, neither of which sells .50-caliber weapons.
Still, supervisors hope other cities follow suit with similar measures. Gun enthusiasts want to stop the ban in its tracks.
"The gun-ban lobby is starting in Contra Costa and moving across the state," said Chuck Michel, an attorney for the plaintiffs. "It's a coordinated effort to demonize another subclass of firearms."
Supervisor Gayle Uilkema of Lafayette, who cosponsored the ordinance with Supervisor John Gioia of Richmond, said she isn't worried about the lawsuit. The county is probably well within its rights to restrict the rifles, she said.
"I think our position is very strong," she said. "We were careful to make sure the .50-caliber rifle could be regulated locally."
Plaintiffs against the county include the California Rifle and Pistol Association, the Fifty Caliber Shooters Association, Double Gun Journal, and Sports Afield Magazine.
They argue that Contra Costa's ordinance is pre-empted by state laws that only limit firearms greater than .60-caliber. Also, the suit argues, the ban interferes with interstate commerce.
That's because the ordinance prohibits "displaying for sale any large-caliber fire arm." The provision would unfairly hurt magazines that run advertisements for power weapons, the suit states.
With the ban in place, those publications would either have to "publish a separate edition for the Contra Costa County area or cease distributing their magazine (in the county)," the suit states.
Contra Costa may serve as the primary legal testing ground for .50-caliber laws. The city of Los Angeles passed a similar prohibition last year that has not been challenged.
"We invite this litigation," said Andres Soto, policy director for the San Francisco-based Trauma Foundation, which seeks to keeps guns out of the hands of young people. "We're confident the county will demonstrate the soundness of this approach to prohibiting these deadly weapons from the stream of commerce."
The county will likely have an ally in its fight. The nonprofit Legal Communities Against Violence has arranged for a private firm to provide pro bono legal assistance, said managing attorney Juliet Leftwich. She declined to name the firm.
The guns, which weigh up to 40 pounds and cost an average of $5,000, have generated attention in Sacramento.
Assemblyman Paul Koretz, D-West Hollywood, introduced legislation last year to curb the manufacture and sale of .50-caliber rifles statewide. His bill, AB50, is set for a hearing this month in the Senate Public Safety Committee.
Peter Felsenfeld covers Contra Costa County. Reach him at 925-977-8506 or pfelsenfeld@cctimes.com.