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Gun rights group threatens to sue San Jose over ‘unconstitutional’ firearm fees, insurance

Posted on 07/18/2021 By TCT Admin No Comments on Gun rights group threatens to sue San Jose over ‘unconstitutional’ firearm fees, insurance
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Even although San Jose has not but launched particulars of its proposed ordinance requiring authorized firearm homeowners to pay for the price of gun violence, a Second Amendment advocacy group is already launching a marketing campaign to cease it from taking impact.

The National Foundation for Gun Rights on Wednesday despatched a cease-and-desist letter to San Jose Mayor Sam Liccardo and the town’s ten metropolis councilmembers formally threatening to sue them in the event that they undergo with enacting the laws.

“Please be advised that should you pass the proposed ordinance and blatantly violate the constitutional rights of the residents of San Jose, my clients have authorized our firm to file a lawsuit against the City to protect the constitutional rights of their members,” San Francisco-based attorneys David A. Warrington and Harmeet Ok. Dhillon, who’re representing the Foundation, wrote.

They go on to argue that the proposed ordinance is unconstitutional as a result of it imposes a “discriminatory tax that singles out citizens exercising their constitutional rights” and “seeks to punish citizens of your city who have committed no crime or offense.”

The letter comes two weeks after San Jose accepted plans to develop into the primary U.S. metropolis to undertake laws mandating gun homeowners carry insurance and pay an annual price and simply two days after Liccardo traveled to Washington D.C. to meet with President Joe Biden and focus on methods to deal with a latest spike in gun violence throughout the nation.

The San Jose City Council on June 29 unanimously voted to direct the town lawyer to draft a brand new metropolis ordinance that might require San Jose gun homeowners to receive legal responsibility insurance and pay an annual price to the town to subsidize bills associated to shootings, together with police and ambulance responses, medical care and different municipal providers. The metropolis lawyer is predicted to deliver the draft ordinance to the council in September for a closing resolution.

The metropolis continues to be evaluating the precise greenback quantity for the annual price, however Liccardo said earlier that he anticipated it to be not more than “a couple dozen dollars.”

San Jose’s plan to develop into first U.S. metropolis to make firearm homeowners pay for gun violence — solutions to all of your questions

The metropolis of San Jose and Liccardo, particularly, have acquired quite a lot of consideration since shifting ahead with plans to enact the ordinance.

Liccardo, who first proposed the laws in 2019 after a mass capturing broke out on the annual Gilroy Garlic Festival, has lengthy anticipated authorized challenges to his plan. But the mayor and the town lawyer stay assured that they are going to win such disputes.

“In the realm of sensible gun regulation, the gun industry and their lawyers ensure that no good deed goes unlitigated,” Liccardo stated in a press release Wednesday. “I suppose that I should not be surprised that they have threatened to sue the City before they’ve even seen a single word in the ordinance.”

The National Foundation for Gun Rights stated in a press launch that it’s exploring “all legal options” to oppose the imposition of any future ordinance that might impose charges or insurance on gun homeowners.

Dudley Brown, govt director of the Foundation, known as the proposed laws a “full-frontal assault on lawful gun owners by the gun control zealots running the city of San Jose.”

“The city brazenly admits in their own press release that the burden of extra insurance and fees will ONLY be on the law-abiding,” he stated in a press launch. “Punishing law-abiding gun owners for the actions of criminals is the kind of insane behavior (the foundation) has come to expect from bureaucrat gun control idiots like the ones that run San Jose.”

___

(c) 2021 the Contra Costa Times

Distributed by Tribune Content Agency, LLC.

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