We mentioned yesterday that the NSSF and local gun dealers are suing Sunnyvale, California over their blatantly unconstitutional “Measure C.” Now the NRA warns that it will be suing the city as well with police officers joining in the fun.
Voters in Sunnyvale recently passed a gun control package known as Measure C. This new law includes a provision that bans the possession of magazines capable of holding more than ten rounds. What many have not realized is that this magazine ban will force active peace officers who live in Sunnyvale to dispose of any magazines over ten rounds in their personal collections (even if their purchase was authorized for off-duty use) or face criminal liability. And any officers who work in or travel through Sunnyvale (perhaps en route to one of the several ranges in the area) will likewise face criminal liability if they enter Sunnyvale with magazines holding over ten rounds while not on duty.
This is because Sunnyvale Municipal Code section 9.44.050(c)(2) only exempts police officers who possess magazines over ten rounds “while acting within the course and scope of his or her duties.” Sunnyvale officers, like other law-abiding citizens, will have until the first week of March 2014 to turn in their prohibited magazines in one of three ways: surrender them to the police (strangely enough), remove them from Sunnyvale or transfer them to a specially licensed firearm dealer.
There may be hope, however. A lawsuit is currently being prepared against Sunnyvale to prevent this ordinance from taking effect. San Francisco’s Board of Supervisors also adopted a very similar magazine ban. And, on November 19, the San Francisco Veteran Police Officers Association filed a lawsuit, supported by the National Rifle Association, in federal court challenging it. A lawsuit against Sunnyvale will be filed soon.
The release goes on the mention that the NRA is actively seeking Sunnyvale Police to join the lawsuit as plaintiffs, pointing out that if an officer leaves a standard-capacity duty magazine behind at home, then the officer’s family risks arrest as well.
Don’t you love these feel-good/accomplish-nothing laws?