September 30, 2005
"...It limits handgun possession to those who protect us, and ends firearms sales...."
- Comments about Proposition H by Supervisor
Chris Daly
"...Proposition
H...
Section 1. Findings
The people of the City and County of San Francisco hereby
find and declare:...
Article XI of the California Constitution provides Charter
created counties with the "home rule" power. This power
allows counties to enact laws that exclusively apply to
residents within their borders, even when such a law conflicts
with state law or when state law is silent. San Francisco
adopted its most recent comprehensive Charter revision in
1996.
Since it is not the intent of the people of the City and County
of San Francisco to impose an undue burden on inter-county
commerce and transit, the provisions of Section 3 apply
exclusively to residents of the City and County of San
Francisco.
Section 2. Ban on Sale, Manufacture, Transfer or
Distribution of Firearms in the City and County of
San Francisco
Within the limits of the City and County
of San Francisco, the
sale, distribution, transfer and manufacture of all firearms and
ammunition shall be prohibited.
Section 3. Limiting Handgun Possession in the City and
County of San Francisco
Within the limits of the City and County
of San Francisco, no
resident of the City and County of San Francisco shall possess
any handgun unless required for professional purposes, as
enumerated herein. Specifically, any City, state or federal
employee carrying out the functions of his or her government
employment, including but not limited to peace officers as
defined by California Penal Code Section 380 et. seq. and
animal control officers may possess a handgun. Active
members of the United States armed forces or the National
Guard and security guards, regularly employed and compen-
sated by a person engaged in any lawful business, while
actually employed and engaged in protecting and preserving
property or life within the scope of his or her employment,
may also possess handguns.
Within 90 days from the effective date of this section, any
resident of the City and County of San Francisco may
surrender his or her handgun at any district station of the
San Francisco Police Department, or to the San Francisco
Sheriff's Department without penalty under this section...."
-Excerpts from Proposition H, the proposed
ordinance that would ban firearms possession
among San Francisco residents that is up for
a local vote in November 2005
"
...D'oh!!..."
-Signature utterance of the cartoon character
Homer Simpson (Voice by Dan Castellanata)
To All,
It seems that the LCAV has joined forces with some Bay-Area manufacturer of the
ever-popular "Kick Me" sign, if the fine print of Proposition H really is as
proposed:
Masochism Tango:
If firearms owners are to understand Supervisor Chris Daly and the
Committee to Ban Handgun Violence correctly, with the actual language of Proposition H they are
apparently intending to make it unlawful for San Francisco residents to possess
handguns by April of 2006. This allegedly will reduce firearms-related crime in
Baghdad-By-The-Bay, which over the past few years has seen a certain increase in
gang-related crime from local residents as well as hoodlums who filter over from
the other side of the Bay.
But will Proposition H perform "as advertised"? After the raw example of the
aftermath of Hurricane Katrina in the Algier's Point district in New Orleans,
home and business owners will most likely question any quack political nostrum
that will inhibit their ability to protect life and property while, at the same
time, giving carte blanche to the criminal classes.
Yet it is certainly clear that Proposition H, to avoid conflict with state law,
was made
applicable only to residents of the City and County of San Francisco (talk about the
burden of government- two complete sets of bureaucracy in a postage-stamp of a
location where only one is truly needed). Non-residents are clearly not
addressed anywhere in the bill, except for prohibited persons already banned
from owning firearms under existing sections of Federal and State law.
In other words, Proposition H is specifically not applicable to non-residents,
as well as the exempted law enforcement, military, and guard personnel noted in
Section 3. "Tourists" and other "non-prohibited" persons who can show proof of
residency outside of San Francisco can apparently possess their handguns in the
city/county without fear of the long arm of the law.
Of course, the age-old conundrum of criminals ignoring the law (especially gun
control laws) remains. If anything, citizens from the Tenderloin to the Golden Gate will most likely be
faced with an increase of the same kinds of "hot-prowl" burglaries that have
plagued the United Kingdom since guns were banned after the Dunblane
Incident.
Other questions as to the potential "efficacy" of Proposition H revolve around
the certain lack of
availability of ammunition sources for private armed guards as well as law
enforcement. Proposition H will ban retail sales of firearms and ammunition,
forcing armed guards to make their ammunition purchases out of the city.
In addition, Section 3 may require armed security guards to not be in possession
of the tools of their trade if they are "between gigs" (Note: Section 3's
language requires armed guards to be "...regularly employed and
compensated by a person engaged in any lawful business, while actually employed
and engaged in protecting and preserving
property or life within the scope of his or her employment...". This
also may mean that they cannot be in possession of their firearms once they
clock out at the end of their shifts at Bank of America or Wells Fargo.). What a
"strict" interpretation of Prop H will do to the jewelry, armored courier, and
banking sectors can only be imagined.
It is clear to see that Proposition H is the "Mother of All Catch .22's", given
it's current form. But then, what is one to expect of a town where ACLU
orthodoxy reigns supreme, and where the "Workplace Safety For Criminals" Crowd
holds sway. But that is not to mean that all of the city's residents are willing
to give up their personal wealth, property, or even their persons to an armed
non-resident of evil intent. Perhaps, with a bit of tough-minded advocacy
between now and Election Day 2005, some common sense will prevail. Stay tuned.
Links at:
http://www.stopsanfranban.com/news/read.aspx?id=6415
http://www.stopsanfranban.com
http://66.102.7.104/search?q=cache:2pERyZjtgVgJ:www.dcyf.org/Pubs/Gang%2520
Grant/Appendix_6A_Neighborhood_Scan_2.pdf+oakland+gang+crime+san+francisco&hl=en
http://www.sfexaminer.com/articles/2005/07/28/news/
20050728_ne05_murderrate.txt
http://www.sfcall.com/issues%202001/11.19.01/dimmick,_murder.htm
http://en.wikipedia.org/wiki/Hunters_Point
http://66.102.7.104/search?q=cache:0IJ1tRKbPkMJ:www.sfgov.org/
site/uploadedfiles/mayor/policy/NEWSOM_COMSTAT.pdf+oakland+gang+
crime+san+francisco&hl=en
Wasted Time:
The Toronto Sun editorialized on September 26 about the "robustness" of the
failure of Canada's gun registry system, Bill C-68.
For the princely sum of almost $ 2 billion (Canadian), money which could have
been used to hire more police, Canadians are stuck with a program that cannot
even accurately tell authorities who has a lawfully owned firearm, not to
mention those owned by criminals.
Whether Canadian Liberals will ever own up to yet another failed gun control
scheme remains to be seen. The tendency of Liberals to pursue, lemming-like,
every gun ban scheme known to Urban Man is not to be underestimated. But it may
be that the higher priority demands of socialized medicine and other "Nanny
State" schemes may finally cut the funding mechanisms needed to maintain the
registry off at the knees. Given a softening auto manufacturing sector in the
Great White North, Independence Day may not actually be that far away. Stay
tuned.
Link at:
http://torontosun.com/Comment/Commentary/
2005/09/26/1235417.html
Don't Go There:
The Associated Press reported back on September 16, 2005, about a
grizzly bear attack in Yellowstone Park.
It seems that the ostentatious clue of a freshly steaming pile of grizzly
doo-doo was insufficient to turn two hikers away from an appointment with
ursus arctos horribilis.
The two Nimrods in question, Pat McDonald and Gerald Holzer, where hiking near
Shoshone Lake when they came upon the quintessential answer to a certain age old
question. Instead of turning around and heading away from the find as fast as
their legs could carry them, the two unarmed hikers proceeded with their
walkabout. The rest of the story was predictable- they met the bear nearby, the
bear attacked, and only an intervention by Providence and capsicum spray seemed
to keep the casualty rate down to a bitten leg and some scuffs and scrapes (Try
walking out 4 miles with grizzly bite marks through your leg before accepting
the desirability of pepper spray over a .454 Casull).
Now, one can easily criticize the Preservationist's efforts to introduce large land
carnivores in proximity to so many tasty tourists and hikers. After all, we here
in the Fool's Golden State have found that our very own bureaucrats have had to
learn the hard way about interactions between mountain lions and the public in a
number of state and local parks. But it is clear that, given the re-introduction
policy, the duplication of the Washington DC gun ban in some of the nation's
most popular park venues is a "cluster-flop" of epic proportions. Unfortunately,
it will probably take the snarfing of some covey of Brownies before the public
at large will wake up to a dilemma caused by adherence to an ideology long past
it's prime.
Link at:
http://news.yahoo.com/s/ap/20050916/ap_on_re_us/
yellowstone_bear_attack
Don't Be At Home Without It:
Jim Kirksey wrote a story about a successful example of armed self defense in
the September 23 edition of the Denver Post.
It seems that a serial rapist has been plaguing the Aurora, Colorado area. Using
an evening-time "breaking and entering" model of getting at his victims, the bad
guy has effected at least nine sexual assaults and attempted at least two others
besides the incident of this Denver Post article.
But in at least one case, a young woman had in her possession a handgun. Upon
hearing a noise in her outer apartment, she remained in the bedroom with her
pistol at the ready. When the assailant tried to enter the bedroom, one shot
sent the would-be rapist running for the tall grass. In this case, having access
to a firearm meant personal salvation, as well as a fairly decent description of
the assailant for the police investigators to chew upon ("...Well, officer,
he had Really Big, wide open eyes and...")
Now, it is common knowledge that Aurora is a "liberal" town, one where the
politically correct do not believe in armed self defense. But it is also clear
that at least one young lady refused to be a victim in the one meaningful way
that does not rely on Providence or surrender. It will be interesting to see
whether the serial rapist ceases and desists from his criminal activities over
his close brush with Death, thereby helping validate a key premise of the right
to keep and bear arms.
Link at:
http://www.denverpost.com/news/ci_3054275
Respectfully,
Anthony Canales
SFVMC-NRA
Copyright 2005 Anthony Canales
All
rights reserved.