San Diego law to lock up or disable guns in home

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  • ohen cepel

    Ultimate Member
    Feb 2, 2011
    4,509
    Where they send me.
    The libs only listen when it meets their needs and wants.

    The politicians should be help personally responsible for the lawsuit costs when they inact bills known to be in direct violation of the law.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    Think of it as the lawyer employment act thanks to laws requiring attorney's fees to the victor. Now wolfwood needs a plaintiff.
     

    pdsmith505

    Member
    Nov 18, 2014
    7
    Didn't SCOTUS decide against this kind of law in Heller? What am I missing?
    You are correct. Addressed in Heller.

    The DC law didn't allow for functional firearms at all.

    The San Diego law (and the law in several other cities in CA) allow for a firearm to be kept in a functional status, unlocked as long as it is worn or under the immediate control of an adult.

    They aren't saying all of your guns have to be locked up... just the ones you are not in active control of.

    The cities seem to think that satisfies Heller. Guess we will see.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    They can pass this law because the 9th circuit already greenlighted something similar in Jackson.

    The article doesn't provide much detail, the only question is how much is the special lock box (more than an average lockbox?) and if you're still allowed to carry on your person.
     

    DraKhen99

    Professional Heckler
    Sep 30, 2013
    2,320
    How is this any different than Maryland's law requiring all guns to be locked up when not in use in homes where persons reside who are less than 16 years old?

    Maybe I need more coffee?

    -John
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    How is this any different than Maryland's law requiring all guns to be locked up when not in use in homes where persons reside who are less than 16 years old?

    Maybe I need more coffee?

    -John

    Maryland law says no such thing, actually. MD only prohibited loaded firearms from being accessible.

    TITLE 4 - WEAPON CRIMES
    Subtitle 1 - General Provisions
    Section 4-104
    (a) Definitions.-

    (1) In this section the following words have the meanings indicated.

    (2) "Ammunition" means a cartridge, shell, or other device containing explosive or incendiary material designed and intended for use in a firearm.

    (3) "Child" means an individual under the age of 16 years.

    (4) (i) "Firearm" means a handgun, rifle, shotgun, short-barreled rifle, or short-barreled shotgun, as those terms are defined in § 4-201 of this title, or any other firearm.

    (ii) "Firearm" does not include an antique firearm as defined in § 4-201 of this title.

    (b) Exceptions.- This section does not apply if:

    (1) the child's access to a firearm is supervised by an individual at least 18 years old;

    (2) the child's access to a firearm was obtained as a result of an unlawful entry;

    (3) the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties; or

    (4) the child has a certificate of firearm and hunter safety issued under § 10-301.1 of the Natural Resources Article.

    (c) Prohibited.- A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm.

    (d) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
     

    DraKhen99

    Professional Heckler
    Sep 30, 2013
    2,320
    Maryland law says no such thing, actually. MD only prohibited loaded firearms from being accessible.

    Thanks for the clarification... and by that logic, an unloaded firearm would be a disabled one, right? We all know that an unloaded firearm is just a hammer.

    -John
     

    BlueHeeler

    Ultimate Member
    Apr 28, 2010
    7,086
    Washington, DC
    The DC law didn't allow for functional firearms at all.

    That is true, however after Heller, DC changed the law to remove storage restrictions.

    DC still promotes the old law as "policy" in the official study guide:

    "It is recommended that each registrant keep any firearm in his or her possession unloaded and either disassembled or secured by a trigger lock, gun safe, locked box, or other secure device."
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Think of it as the lawyer employment act thanks to laws requiring attorney's fees to the victor. Now wolfwood needs a plaintiff.

    I was starting to work on this because despite Jackson this law is still ripe for an as applied challenge by someone with mobility issues. Then Chuck announced he is already getting a case together so I stopped. He is going to wait until after the Supreme court rules in a case which I personally do not think is necessary with the right plaintiff but he apparently is bringing a fully funded case so I'll back off for awhile and see what he does.
     

    ComeGet

    Ultimate Member
    Sep 1, 2015
    5,911
    I was starting to work on this because despite Jackson this law is still ripe for an as applied challenge by someone with mobility issues. Then Chuck announced he is already getting a case together so I stopped. He is going to wait until after the Supreme court rules in a case which I personally do not think is necessary with the right plaintiff but he apparently is bringing a fully funded case so I'll back off for awhile and see what he does.

    Great!
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Didn't SCOTUS decide against this kind of law in Heller? What am I missing?

    https://www.breitbart.com/politics/...cil-guns-must-be-locked-or-disabled-in-homes/

    You are missing the fact that the 9th circuit has allowed a similar San Francisco law to stand. The case was Jackson v San Francisco, and was denied cert by the Supreme Court in 2015. Paul Clement (the attorney for the current NYRPA v NYC case) wrote the brief that was denied cert. Chuck Michel wrote the 9th circuit brief.

    The DC law apparently required the firearm to be inoperable all the time, while this law and the SF law allow it when you are in possession of it. No much of a difference if you ask me. I believe it was a poorly argued case.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    You are missing the fact that the 9th circuit has allowed a similar San Francisco law to stand. The case was Jackson v San Francisco, and was denied cert by the Supreme Court in 2015. Paul Clement (the attorney for the current NYRPA v NYC case) wrote the brief that was denied cert. Chuck Michel wrote the 9th circuit brief.

    The DC law apparently required the firearm to be inoperable all the time, while this law and the SF law allow it when you are in possession of it. No much of a difference if you ask me. I believe it was a poorly argued case.

    I agree. With an as applied challenge we could have a fresh start. Get experts to speak about the failure rate of the lock boxes. Get a person with mobility issues. Get a medical expert to show how this impairs the litigants ability to open the lock box and that impacts his ability to self defense.
     
    Last edited:

    ComeGet

    Ultimate Member
    Sep 1, 2015
    5,911
    I agree. With an as applied challenge we could have a fresh start. Get experts to speak about the failure rate of the lock boxes. Get a person with mobility issues. Get a medical expert to show how this impairs the litigants ability to open the lock box and that impacts his ability to self defense.

    Go, go, go.

    :thumbsup:
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    Not only handicapped , but address the physiological effects of fight or flight reflex (aka home invasion in progress, etc) upon fine motor skills .
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Not only handicapped , but address the physiological effects of fight or flight reflex (aka home invasion in progress, etc) upon fine motor skills .

    absolutely if I had all that NRA money I'd hire a top doctor fr the medical issue the person has a to engineer to explain the boxes a top doctor to explain the effects of flight or fight on your coordination and a self defense expert.

    I don't get what happened in the last case but this one should be different. I don't want to ruffle any feathers but this directly impacts me. My rights should not be impacted because somebody wants to pony up for Wayne's business suits over experts.
     

    HaveBlue

    HaveBlue
    Dec 4, 2014
    733
    Virginia
    Special Lock Box requirement = Only rich people can have guns.

    Or if they cared about safety, the city would provide them, for free.
     

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