State Firearm Regulation – Opposed By the N.R.A. – Becomes the Rationale for Court Action Against San Francisco Gun Ban

Having been an advocate for increased regulation of firearms since the mid-1990's, we advocates have a term, "Irwinized", which means to overly complicate legislation through a myriad of cross references, inclusion of nebulous language, etc.. all as a way to dilute the intent of legislation for his self proclaimed "incumbent protection" job.

We knew Irwin, as a gun nut, wanted to thwart really progressive legislation to take the heat off of the conservative Dems from the San Joaquin Valley, Inland Empire and San Diego.

California's pre-emption statute was authored by H.L. Richardson who thought he was doing a complete pre-emption of local regulation. HA! Advocates around the state have learned that this only applies to licensing and registration. Land use authority and public health and safety authority has allowed us to enact a variety of local regulations, some of which have gone on to be state law.

San Francisco's attempts to enact hand gun bans have been interpreted as encroaching on registration because no registration would be permitted.

Loni Hancock's bill AB 2566 would have repealed this pre-emption but it died because, despite the rising body counts, the Democratic Caucus does not want to allow local gun bans, certainly not in an election year! Fiona Ma of San Francisco had to be prompted by a Republican to give Loni a courtesy motion during the bill presentation in the Assembly Public Safety Committee!

I wanted to make three observations about Dr. Cavala's blog as well as Mr. Soto's remarks.

First, I was never and as of today NOT a member of the CRPA Board.

Secondly, to my knowledge, while many Republicans may despise me I doubt that any of them had any effect on my employment situation - other than their distress over me probably heightened the love and affection that many Democrats have for me - starting with Steve Peace, and continuing with Willie Brown, John Burton and Don Perata, among others.

Thirdly, as to Mr. Soto, he wants to ban handguns which is a position that most voters oppose.

Fourth, as to "Irwinization", gun issues are complicated - California is generally viewed as a National model. Most of these laws that Dr. Cavala refers to were signed by George Deukmejian and Pete Wilson.

For all these complaints about me by various interest groups, they do not pay my salary nor did they have or have any effect on my other sources of income - though they may have tried.

Most of this will become irrelevant once the Heller decision comes out. An individual right position negates most bans. And the AW ban (Silveira Case) will become null as it hinges on the collectivist arguement.

Add 'Son of Heller' for 14th incorporation and CA will have to find some avenue to bother us gun enthusists.

Lastly, add the Federal bill for reciprocity of CCWs and CA will be dragged back to where the rest of the country has gone.

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