Citation to New Authority (Vetoed Legislation)

Transcription

1 Law Offices of Donald Kilmer A Professional Corporation Willow Street, Suite 150 San Jose, California Don@DKLawOffice.com Phone: 408/ Fax: 408/ October 16, 2013 Chief Justice and Association Justices California Supreme Court 350 McAllister Street San Francisco, California Re: Citation to New Authority (Vetoed Legislation) Calguns Foundation, Inc., v. County of San Mateo; Case No.: S Trial Court Case No.: CIV Court of Appeals Case No.: A Date of Original Un-Published Decision: Jul. 15, 2013 Date of Publication Order: Aug. 2, 2013 Petition for Review Filed: Sept. 10, 2013 Answer Filed Oct. 1, 2013 Reply Filed Oct. 11, 2013 Dear Chief Justice and Associate Justices: Pursuant to California Rule of Court 8.254, Petitioners hereby give notice that Assembly Bill 180 a bill to give the City of Oakland the power to override state laws and impose stricter gun registration and/or licencing in that city was vetoed by Governor Jerry Brown (former Mayor of Oakland) on October 11, A copy of the Bill and its Status from the California Legislature is attached as Exhibit A. Governor Brown s Veto Message is attached as Exhibit B. Respectfully, Donald Kilmer Attorney for the Petitioners cc: see attached proof of service Page 1 of 1

2 Exhibit A

3 Assembly Bill No. 180 Passed the Assembly May 28, 2013 Chief Clerk of the Assembly Passed the Senate September 6, 2013 Secretary of the Senate This bill was received by the Governor this day of, 2013, at o clock m. Private Secretary of the Governor

4 AB CHAPTER An act to amend Section of the Government Code, and to amend Section of the Penal Code, relating to local government. legislative counsel s digest AB 180, Bonta. Registration and licensing of firearms: City of Oakland. Existing law states that it is the intent of the Legislature to occupy the whole field of regulation of registration or licensing of commercially manufactured firearms and that provisions of existing law are exclusive of all local regulations relating to registration or licensing of commercially manufactured firearms, as specified. Existing law makes a person guilty of carrying a concealed firearm under specified circumstances. Existing law makes a person guilty of openly carrying an unloaded handgun when that person carries upon his or her person an exposed and unloaded handgun outside a vehicle while in or on specified locations. Existing law specifies that those provisions are not applicable to a person who carries any handgun anywhere within the person s place of residence, place of business, or on specified property. Existing law prohibits a permit or license to purchase a handgun from being required of any person to purchase, own, possess, keep, or carry, a handgun within the person s place of residence, place of business, or on specified property. This bill would authorize the City of Oakland to enact an ordinance or regulation, applicable solely to its residents and in accordance with federal law, that is more restrictive than state law regulating the registration or licensing of commercially manufactured firearms. The bill would also provide that those provisions relating to the carrying of a handgun within the person s place of residence, place of business, or on specified property do not affect the application of the aforementioned authorization to the City of Oakland. This bill would make legislative findings and declarations regarding the need for special legislation. 95

5 3 AB 180 The people of the State of California do enact as follows: SECTION 1. Section of the Government Code is amended to read: (a) It is the intent of the Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms as encompassed by the provisions of the Penal Code, and such provisions shall be exclusive of all local regulations, relating to registration or licensing of commercially manufactured firearms, by any political subdivision as defined in Section 1721 of the Labor Code. (b) Notwithstanding subdivision (a), the City of Oakland may enact an ordinance or regulation, applicable solely to its residents and in accordance with federal law, that is more restrictive than state law regulating the registration or licensing of commercially manufactured firearms as encompassed by the Penal Code. SEC. 2. Section of the Penal Code is amended to read: (a) Section and Chapter 6 (commencing with Section 26350) of Division 5 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, who carries, either openly or concealed, anywhere within the citizen s or legal resident s place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident, any handgun. (b) A permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall not be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, to purchase, own, possess, keep, or carry, either openly or concealed, a handgun within the citizen s or legal resident s place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident. 95

6 AB (c) This section shall not be construed as affecting the application of Sections to 26055, inclusive. (d) This section shall not be construed as affecting the application of subdivision (b) of Section of the Government Code. SEC. 3. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because the City of Oakland is suffering from the worst gun violence among cities in the state, with 131 homicides and over 4,000 gun-related crimes in

7 Exhibit B

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9 Proof of Service I, Christina Kilmer, Declare: 1. At the time of service I was at least 18 years of age and not a party to this action. 2. My business address is 1645 Willow Street, Suite 150; San Jose, CA On October 16, 2013, I mailed a copy of September 3, 2013 Letter to The California Supreme Court - Citation to New Authority (Vetoed Legislation), from San Jose, CA to: David Silberman Office of County Counsel th 400 County Center 6 Floor Redwood City, CA Aimee Feinberg U.C. Davis School of Law 400 Mrak Hall Drive Davis, CA Superior Court, San Mateo 400 County Center Redwood City, CA California Court of Appeal First Appellate District-Division Two 350 McAllister Street San Francisco, CA By enclosing the document in an envelope with U.S. Postage fully prepaid. I declare under penalty if perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on October 16, 2013 in San Jose, CA. Christina Kilmer