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CCMIN030398
City of Pleasanton
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CITY CLERK
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MINUTES
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CCMIN030398
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CITY CLERK
CITY CLERK - TYPE
MINUTES
DOCUMENT DATE
3/3/1998
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Mr. Morgan asked if just the criteria listed was going to be enforced? Beside the list, <br />one-third to one-half of the firearms available today would fall under this criteria. <br /> <br /> Mr. Roush said the ban on the sale of guns listed on the roster would be enforced. <br /> <br /> Mr. Morgan said the section that allowed the addition of firearms should be deleted. <br /> <br /> Mayor Tarver said no. The ordinance outlined a procedure to be followed to add <br />firearms. <br /> <br /> Mr. Morgan asked again if the criterion aspects would be enforced. He believed the <br />Smith and Wesson Sigma meets the criteria but is not on the list. <br /> <br /> Ms. Ayaia said the gun manufacturers listed would be the ones against whom the <br />ordinance would be enforced. <br /> <br /> Mr. Pico asked if it would change the roster if the ordinance were to be amended to <br />clearly state "that the part of the firearm that was a stressed part" had to be made out of high <br />tensile strength metal? <br /> <br /> Mr. Morgan said that would probably eliminate all the firearms listed. A typical example <br />is a Jennings Bryco. Jennings Bryco uses a pressured dyecast zinc slide and frame. It <br />eliminates the possibility of having a stressed part by using a separate steel barrel and all steel <br />operating parts. This is a manufacturing technique that results in substantially less expensive <br />and safer firearms. So if the ordinance were to be amended to state the stressed parts had to be <br />made out of high tensile strength, it would probably eliminate all the guns listed on the roster. <br /> <br /> Mr. Pico asked if that was an example of the technical and design aspects that he wanted <br />to discuss. <br /> <br /> Mr. Morgan said yes. <br /> <br /> Mr. Pico asked if he had ever been called upon as an expert witness in a court of law? <br /> <br /> Mr. Morgan said no, in depositions only. <br /> <br /> Christopher Olson, 4304A Valley Avenue, said enacting the proposed ordinances would <br />result in substantial and costly legal problems for the City of Pleasanton. Not the least of which <br />is that the City would be sued by several civil right groups. Ordinances banning the rights of <br />firearm sales can be challenged. It is clear that gun sales are being singled out over other <br />commercial activities even though the transactions are not that different. The goods are legally <br />owned and unloaded firearms in a box are no more dangerous than a box of laundry soap. <br />Because commercial activity is not being excluded from residents, the situation parallels the ban <br /> <br />Pleasanton City Council 3/03/98 <br />Minutes 22 <br /> <br /> <br />
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