Redwood City leaders discuss legal options for gun shop ban lawsuit | Media Pyro

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A gun rights advocacy group is accusing the city of violating the constitutional rights of its residents

A gun rights group has warned of legal action against Redwood City if city officials don’t reverse an approved moratorium on gun sales.

Just four days after the legislature voted to impose a moratorium on gun or ammunition stores for the first 45 days, the Second Amendment Foundation (SAF), an advocate for the gun to Washington, a letter to the city, to advise the city. to get a temporary restraining order or face a lawsuit.

“If the city of Redwood is going to eliminate the ability to sell guns and ammunition through an illegal ban on gun dealers and ammunition shops to open a business, the SAF will explore all legal remedies that available to it, its members, and those affected by the City’s blatant disregard for the constitutional rights of its citizens,” Executive Director Adam Kraut wrote in a letter dated October 28.

According to the city, the emergency ordinance came after two independent gun dealers were questioned about business permits in the city, where there are no such stores and special laws for gun sales.

The ban went into effect immediately after the congressional election and could be extended for up to two years.

“The city will determine where you can buy commercial marijuana, where you can buy gas for your car, where you can get massage and where you can build a home,” he said. Mayor Giselle Hale. “Why not check out where you can buy guns?”

Although Kraut acknowledged in the letter that zoning requirements for gun sales are permissible under decisions of the Second Circuit Court of Appeals for the Ninth Circuit, including Northern California, he wrote ” a direct pass is not allowed.”

“Redwood City’s policy of banning any gun dealer in its jurisdiction, when there is none now, makes the moratorium vulnerable to face challenge,” he said.

“Simply put, the right to keep and bear arms is meaningless without the right to obtain arms and firearms,” ​​he added.

The council’s vote on the ordinance followed nearly an hour of public comment, during which twenty-five residents expressed strong opinions on both sides of the debate. Some residents supported the legislation, saying that banning, or legalizing, gun stores in Redwood City is important to public safety.

Roosevelt CEO Tina Mercer expressed strong opposition to the vendor’s position. Roosevelt Plaza, the dumpling Defense candidate proposed to open its store, is within walking distance of Roosevelt Elementary and Kennedy Middle schools.

“Because of the focus on school shootings over the past decade, we do several prevention drills every year,” he said. “What’s the message that we’re supposed to be working on shields when guns are being sold right across the street?”

Some, like Roosevelt Plaza manager Maria Rutenburg, urged the council to vote no on the pledge, citing the constitutional right to bear arms.

Describing the Second Amendment as “sacred to a lot of people,” Rutenburg warned the council that the vote would demand a hearing. “This is going to be a national case. This is a big deal and we will not give up.

The Second Amendment chief has filed numerous lawsuits against cities and state officials for alleged violations of the law. In 2009, the foundation won in Washington, forcing the government to reverse its ban on issuing gun permits to immigrants. In 2012, the SAF participated in a lawsuit filed by John Teixeira in Alameda County, challenging its ordinance banning gun stores within 500 feet of a residential area. The plaintiffs won their first case, but the decision was ultimately overturned by the US Court of Appeals for the Ninth Circuit, which stated that “there is no precedential authority that is protected by the Second Amendment a person’s right to buy a gun.”

The council will discuss the “critical focus on litigation” in a closed session before Monday night’s meeting.

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