I sent the following email to Eleanor Thompson, a City Council candidate in the last election, and her distribution list. She erroneously states (see email string below): “Our kids are dying in the Streets of Richmond and we have a Councilmember who feels that they have done all or is doing everything they can to stop the Gun Violence.” She goes on to say, “Lets tell Tom Butt, we know what we need in our community. Fight to save our kids. Now is the time. Pass it on.”
From: Butt, Tom
Sent: Sunday, May 05, 2013 9:57 AM
To: 'Eleanor Thompson'; Shumake, Andre; Corrine Sain; Roberson, Bea; Black Political Action Committee - Contra Costa County; bill.lindsay@cityofrichmond.org; Elana Bolds; Marena Brown; Devone Boggan; Bates, Nat; corky_booze@ci.richmond.ca.us; Gloria Jennings; 'Kellis Love'; Kellis Love; Louis (lbsdsgn@comcast.net); Marilyn Langloris; 'Amanda Elliott'; Martinez, Eduardo; roberta@rubiconprograms.org; Artis Hollinquest; robinson@ssa.gov; Jael Myrich; Myrick, Jael; Devonne Boggan; therese_barquet@ca9.uscourts.gov; tom.but@intres.com; nicole@officeofthemayor.net; lori_reese-brown@ci.richmond.ca.us; Rogers, Jim
Subject: RE: Gun Control
Eleanor,
It makes no sense to demonize me over the issue of gun control. There is a lot to be done to reduce violence in Richmond, and demonstrating at my office and trying to make me the villain is not going to help.
You will not find a more zealous gun control advocate than I. I voted against Corky’s item last City Council meeting because it had no substance. It was purely Corky Booze self-promotion, and it created a bandwagon on which many jumped, including the entire City Council except me. They all should have known better.
Corky apparently does not know that California law (53071 GC) restricts county and city authorities from enacting firearm regulations. This provides for uniform firearm laws and prevents situations found in other states (such as New York) where traveling with an otherwise legal firearm could put a citizen at risk of violating local city ordinances.
53071. It is the intention of the Legislature to occupy the whole field of regulation of the registration or licensing of commercially manufactured firearms as encompassed by the provisions of the Penal Code, and such provisions shall be exclusive of all local regulations, relating to registration or licensing of commercially manufactured firearms, by any political subdivision as defined in Section 1721 of the Labor Code.
Because we cannot regulate firearms, we regulate dealers and ammunition (RMC Chapter 7.100) so strictly that there are no places in Richmond to legally purchase either firearms or ammunition.
The last legislation we passed dealing with regulating “Saturday Night Specials,” had to be repealed following a legal challenge, for which the City had to pay court costs and legal fees.
I prefer dealing with reality rather than emotion when City business is involved.
Having said that, California has some of strictest gun laws in the United States. A Handgun Safety Certificate, obtained by passing a written test, is required for handgun purchases, although there are exemptions to this requirement. Handguns sold by dealers must be "California legal" by being listed on the state's roster of handguns certified for sale. Private sales of firearms must be done through a licensed dealer. All firearm sales are recorded by the state, and have a ten-day waiting period. Unlike most other states, California has no provision in its state constitution that explicitly guarantees an individual right to keep and bear arms. The California Supreme Court has maintained that most of California's restrictive gun laws are constitutional based on the fact that the state's constitution does not explicitly guarantee private citizens the right to purchase, possess, or carry firearms. However recent US Supreme Court decisions of Heller (2008) and McDonald (2010) established that the 2nd Amendment applied to all states within the Union, and many of California's gun laws are now being challenged in the federal courts.
Semi-automatic firearms that the state has classified as assault weapons, .50 BMG caliber rifles, and magazines that can hold more than ten rounds of ammunition may not be sold in California. Possession of automatic firearms, and of short-barreled shotguns and rifles, is generally prohibited.
California is a "may-issue" state for permits to carry concealed guns. The willingness of issuing authorities in California ranges from No-Issue in most urban areas to Shall-Issue in rural counties. However, concealed carry permits are valid statewide, regardless of where they were issued. California does not recognize concealed carry permits issued by other states, and non-residents are generally forbidden from obtaining a California concealed carry permit.
The legislature is continuing to pass new gun regulations, most recently California Gun Control Bill, SB 140, Signed Into Law By Jerry Brown.
Everything related to guns used in homicides in Richmond is already illegal. We do not need new gun control regulations. What we need is for the entire community to help our police and our Office of Neighborhood Safety do their jobs by collaborating to prevent homicides and bring to justice those who commit homicides.
This is a critical issue in Richmond, but it is simply not a gun control issue.
Tom Butt
Richmond City Councilman
117 Park Place
Richmond, CA 94801
Phone: 510.236.7435
Fax: 510.232.5325
Cell: 510/220-1577
E-mail: tom.butt@intres.com
Tom Butt Political Website: http://www.tombutt.com/
Board member and past chair, Local Government Commission
Alternate member, BCDC
Alternate member, Contra Costa LAFCO
Member, League of California Cities, Environmental Quality Policy Committee
Member, West Contra Costa Transportation Advisory Committee (WCCTAC)
Commissioner, Contra Costa Transportation Authority
Board Member, Richmond Representative, Marin Energy Authority
From: Eleanor Thompson [mailto:eleanor_thompson20012002@yahoo.com]
Sent: Sunday, May 05, 2013 7:25 AM
To: Shumake, Andre; Corrine Sain; Roberson, Bea; Black Political Action Committee - Contra Costa County; bill.lindsay@cityofrichmond.org; Elana Bolds; Marena Brown; Devone Boggan; Bates, Nat; corky_booze@ci.richmond.ca.us; Gloria Jennings; 'Kellis Love'; Kellis Love; Louis (lbsdsgn@comcast.net); Marilyn Langloris; 'Amanda Elliott'; Martinez, Eduardo; roberta@rubiconprograms.org; Artis Hollinquest; robinson@ssa.gov; Jael Myrich; Myrick, Jael; Devonne Boggan; therese_barquet@ca9.uscourts.gov; Butt, Tom; tom.but@intres.com; nicole@officeofthemayor.net; lori_reese-brown@ci.richmond.ca.us; Shumake, Andre; Rogers, Jim
Subject: Gun Control
Please come to the City Council Meeting on Tuesday Night May 7, 2013. at 6:00 PM and support Gun Control.
Strict Gun Control in the City of Richmond. Our kids are dying in the Streets of Richmond and we have a Councilmember who feels that they have done all or is doing everything they can to stop the Gun Violence.
Well we don't think so. We want guns off the street and the way to do that is to put in place strict gun control laws that protect our children. That's what Richmond Need. Come and lets fight to save our children.
Please see attached flyer and spread the word. Come and let your voice be heard.
Lets tell Tom Butt, we know what we need in our community. Fight to save our kids. Now is the time. Pass it on.
Do not forward this email to me. You will need to type in the email address, to reply back to this email.
Eleanor
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