×

Anti-Gun Advocates Gathering Signatures for Ballot Initiative Banning Possession of Semi-Automatic Firearms In Huntington Beach  

March 13, 2018

The City of Huntington Beach, California, recent issued title and summary for a proposed ballot initiative that seeks to ban the possession and sale of “semi-automatic and automatic guns and rifles in the City of Huntington Beach.” If enacted, individuals currently in possession of such firearms will have until April 1, 2019, to surrender their firearms to the Hunting Beach Police Department. Violations would be classified as a felony.

Setting aside its plainly unconstitutional nature, even state law preempts such a proposal. San Francisco learned that the hard way after enacting a similar initiative in 2005. That initiative, known as “Proposition H,” prohibited residents from possessing any handgun within the city. Even the notoriously anti-gun Gavin Newsom, San Francisco’s mayor at the time, admitted that the measure was merely a “symbolic gesture” that was unlikely to withstand a legal challenge.

And for once, he was right. NRA attorneys immediately filed suit, challenging Proposition H as preempted by California state law. The Trial court agreed with NRA’s attorneys, a decision that was later upheld by the Court of Appeals. Proponents of the measure petitioned the California Supreme Court in a last-ditch effort to uphold the law, but that petition was ultimately rejected, thereby striking down the measure once and for all.

Once again, anti-gun proponents are attempting to eviscerate the Second Amendment in California. This time, however, the United States Supreme Court decisions in Heller and McDonald make clear that such an ordinance plainly violates the Second Amendment to the United States Constitution in addition to being preempted by state law.
Our members should be aware that at this stage in the process, there is nothing that can be done to legally challenge the petition. But rest assured, NRA and CRPA attorneys are watching, and will be ready to file suit if necessary to stop this unconstitutional proposal from taking effect.

Currently, Proponents of the measure have until June 2nd to obtain the required number of signatures. With approximately 115,000 registered voters in Huntington Beach, proponents need at least 11,500 valid signatures before they can move forward. Should proponents gather enough signatures, the City Council may then decide to either adopt the proposed ordinance or submit the proposed ordinance to the voters during the next election.

To stay informed on the status of the Huntington Beach ballot initiative, as well as other important Second Amendment issues here in California and throughout the nation, make sure you are subscribed to NRA and CRPA email alerts. And be sure to visit the NRA-ILA California webpage at www.StandAndFightCalifornia.com, and the new CRPA webpage at www.CRPA.org.

The City of Huntington Beach, California, recent issued title and summary for a proposed ballot initiative that seeks to ban the possession and sale of “semi-automatic and automatic guns and rifles in the City of Huntington Beach.” If enacted, individuals currently in possession of such firearms will have until April 1, 2019, to surrender their firearms to the Hunting Beach Police Department. Violations would be classified as a felony.

Leave a Reply