{"id":87712,"date":"2022-11-15T15:23:06","date_gmt":"2022-11-15T21:23:06","guid":{"rendered":"https:\/\/milesfortis.com\/?p=87712"},"modified":"2022-11-15T15:46:17","modified_gmt":"2022-11-15T21:46:17","slug":"87712","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=87712","title":{"rendered":""},"content":{"rendered":"

Well, they are<\/strong> violating resident’s constitutional rights<\/p>\n

Redwood City leaders discussing legal options as possible lawsuit against ban on gun retail looms<\/a>
\nA gun rights advocacy group is accusing the city of violating its residents\u2019 constitutional rights<\/em><\/p>\n

A gun rights foundation has warned it may take legal action against Redwood City if city officials don\u2019t reverse a recently approved\u00a0moratorium on gun retail<\/a>.<\/p>\n

Just four days after the council unanimously voted to establish a moratorium on stores selling firearms or ammunition for an initial 45 days, the Second Amendment Foundation (SAF), a Washington-based firearm advocacy nonprofit, sent a letter to the city, advising the city to remove the temporary ban or face litigation.<\/p>\n

\u201cShould Redwood City continue to deprive its residents of the ability to acquire arms and ammunition through an indeterminate moratorium on firearms and ammunition retailers from opening a business, SAF will examine all legal remedies available to it, its members, and those who may be affected by the City\u2019s flagrant disregard of its citizens\u2019 constitutional rights,\u201d Executive Director Adam Kraut wrote in the letter dated Oct. 28.<\/p>\n

According to the city, the urgency ordinance came after two separate gun retailers\u00a0inquired about business permits<\/a>\u00a0in the city, which currently has no such retailers nor any special regulations on firearms sales.<\/p>\n

The ban went into effect immediately after the council vote and could be extended for a total of two years.<\/p>\n

<\/p>\n

\u201cThe city regulates where you can buy retail cannabis, where you can get gas for your car, where you can get a massage and even where you can build a home,\u201d Mayor Giselle Hale said. \u201cWhy not explore where you can purchase a firearm?\u201d<\/p>\n

While Kraut acknowledged in the letter that zoning requirements around gun retail are permitted under rulings from the Ninth Circuit\u2019s Court of Appeals, which includes Northern California, he wrote that \u201can outright bar is constitutionally impermissible.\u201d<\/p>\n

\u201cIt would be Redwood City\u2019s policy of preemptively outlawing a firearm dealer within its jurisdiction, when none exists now, that makes the moratorium vulnerable to a facial challenge,\u201d he said.<\/p>\n

\u201cSimply put, the right to keep and bear arms is meaningless without the right to acquire\u00a0arms and ammunition,\u201d he added.<\/p>\n

The council vote on the ordinance followed nearly an hour of public comment, during which 25 residents shared strong opinions on both sides of the debate. Some residents supported the ordinance, arguing that prevention, or at least regulation, of gun shops in Redwood City was critical for public safety.<\/p>\n

Roosevelt Principal Tina Mercer voiced strong opposition to the location of the proposed retailers. Roosevelt Plaza, applicant Dumpling Defense applied to open its storefront, is within walking distance of Roosevelt Elementary and Kennedy Middle schools.<\/p>\n

\u201cWith the attention on school shootings in the last decade, we practice lockdown drills a number of times each year,\u201d she said. \u201cWhat message would it send for us to do lockdown drills when guns are being sold almost right across the street?\u201d<\/p>\n

Others, like Roosevelt Plaza manager Maria Rutenburg, urged the council to vote no on the ordinance, citing the constitutional right to bear arms.<\/p>\n

Describing the Second Amendment as \u201csacred to a lot of people,\u201d Rutenburg warned the council that the ordinance would invite litigation. \u201cThis is going to be a national case. This is a big deal, and we\u2019re not going to let it go.\u201d<\/p>\n

The Second Amendment Foundation has filed dozens of lawsuits against cities and government officials for alleged constitutional violations. In 2009, the foundation won its case against Washington, forcing the state to reverse its ban on issuing firearms permits to immigrants. In 2012, SAF joined in a lawsuit brought by John Teixeira against Alameda County, challenging its ordinance prohibiting gun stores within 500 feet of a residential zone. The plaintiffs won their initial case, but the decision was ultimately reversed by the U.S. Court of Appeals for the Ninth Circuit, which said that \u201cno historical authority suggests that the Second Amendment protects an individual\u2019s right to sell a firearm.\u201d<\/p>\n

The council will be discussing the \u201csignificant exposure to litigation\u201d during a\u00a0closed session<\/a>\u00a0before the regular Monday night meeting.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Well, they are violating resident’s constitutional rights Redwood City leaders discussing legal options as possible lawsuit against ban on gun retail looms A gun rights advocacy group is accusing the city of violating its residents\u2019 constitutional rights A gun rights foundation has warned it may take legal action against Redwood City if city officials don\u2019t … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,8],"tags":[],"class_list":["post-87712","post","type-post","status-publish","format-standard","hentry","category-goobermint","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/87712","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=87712"}],"version-history":[{"count":4,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/87712\/revisions"}],"predecessor-version":[{"id":87724,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/87712\/revisions\/87724"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=87712"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=87712"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=87712"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}