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on gun shows regarding the Santa Clara County Fairgrounds. This was overturned on the grounds that it limited commercial free speech and violated the first amendment. In addition, Section 242 of Title 18 and Section 1983 of Title 42 of the United States Code provides for criminal and civil actions against any person who violates or deprives under color of law any citizen's rights secured by the constitution. The so called Saturday Night Special ban is preempted law. Only the state has the authority to regulate the sale of firearms. He mentioned cities that had repealed ordinances on assault weapons on grounds of preemption. He said no explanation has been given by any of the Council as to its reasoning. He felt the Council owed an explanation to the citizens as to why this ordinance is the right thing to do before it spent hundreds of thousands of dollars of the city's money to the losing end of several lawsuits and for a law that would have no positive impact on crime. He urged Council to repeal the ordinances as passed and if not, at least place the ordinance on the ballot so the citizens of Pleasanton could vote on them. Bill DanHartog, 301 Foxboro Court, San Ramon, said private party transfers within the City would still be legal, according to Ordinance 1719, Section 6.64.240. Mr. Roush said the section did not have the application that Mr. DanHartog was suggesting. Mr. DanHartog wanted clarification on the zoning ordinance. He asked if anyone selling firearms in Walmart or Outdoor World would need to be listed on the conditional use permit or only the holder of the FFL license? Mr. Roush said only the holder of the conditional use permit. Mr. DanHartog asked for clarification regarding the liability insurance listed in 6.64.080, Section A. The state law in the Penal Code states that firearm dealers are exempt from liability. Mr. Roush said the City can require liability insurance. Mr. DanHartog mentioned the ordinance bans the sale of firearms at the fairgrounds but that this portion could not be enforced because the City has no jurisdiction over the fairgrounds. So only portions of the ordinance can be enforced. This did not make sense. Mr. Roush said the City has an agreement with Alameda County concerning existing, historical uses on the fairgrounds. The agreement states that the existing uses would be allowed to continue and one of these uses is the gun show. Ms. Dennis said certain uses have been grandfathered in. Ms. Michelotti said the gun shows will be up to Alameda County. Pleasanton City Council 3/03/98 Minutes 23