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California Rifle and Pistol Association, Inc.
271 East Imperial Highway, Suite 620 Fullerton, California 92835
(714) 992-C2R7P7A2 .FAX (714) 992-2996
Media Release July 2, 2004
For Immediate Release: July 2, 2004
For Additional Information Contact: Chuck Michel,
CRPA Spokesman Tel: (310) 548-3703
CRPA DENOUNCES SAN FRANCISCO DA'S
NEW ZERO TOLERANCE GUN PROSECUTION POLICY
In response to San Francisco District Attorney Kamala Harris'
new "zero tolerance" charging policy for gun crimes, which went into
effect today, CRPA has sent letters to Harris, and all San Francisco
judges denouncing the policy as unjust.
Harris' new policy includes opposing the release of defendants on
their own recognizance for all gun crimes, recommending that anyone
convicted or carrying a concealed or loaded weapon be sentenced to a
minimum of 90 days in jail, and charging all cases involving
possession of an "assault weapon" as felonies.
Despite having more local gun control ordinances than any othercity
in the state, San Francisco has had 39 homicides this year -- almost
two murders a week. Twenty-three of the victims have been under 30,
which is not surprising considering most homicides are gang or drug
related.
"While we applaud efforts to go after violent felons, California's
gun control law are incredibly complex. Accidental violations by good
people are common." said CRPA spokesman and civil rights attorney
Chuck Michel. "District Attorney Harris' ~shoot the dogs with the
wolves' approach is misguided and counterproductive."
Many believe Harris' new policy is an attempt to deflect the
criticism she received for refusing to seek the death penalty against
the murderer of a SFPD officer Isaac Espinoza. That officer was
killed a few months ago by a gang member with a military made fully
automatic AK47 machine gun -- apparently one of 300 such machine guns
smuggled by gangs into the city from overseas. But city politicians,
including Harris, have continually mischaracterized the machine gun
used as an "assault weapon," and have used the case to call for an
extension on the federal "assault weapon" ban.
California's "assault weapon" law provides a perfect example of why
Harris' new policy is inappropriate. In fact, the San Francisco DA's
office has itself criticized the law as too complex. DA spokesman
Fred Gardner told San Francisco legal newspaper The Recorder on
September 20, 2001 that his office has had considerable trouble
determining what constitutes an "assault weapon." "There has been
confusion," Gardner said.
Other District Attorneys and law enforcement officials have also
criticized the state "assault weapon" law. Previous Fresno County
District Attorney Ed Hunt and Mendocino County District Attorney
Norman L. Vroman went so far as to file a lawsuit against Attorney
General Bill Lockyer challenging portions of the state's "assault
weapon" law that bans firearms based on their cosmetic features. The
litigation is ongoing.
Kern County District Attorney Edward Jagels also expressed concern
about enforcing the law fairly. "A Deputy DA from this office
attended a DOJ training class in San Diego that was supposed to
clarify how the law should be applied." Jagels said. "He came away
with more unanswered questions than he went in with. And we
repeatedly have to field questions from law enforcement about what it
all means. Often, we simply can't tell them."
In Ventura , former District Attorney Michael Bradbury said he too
has issues. "Deciphering these regulations is a near impossible
task." Bradbury has said. "If the Legislature wants to condemn a
subclass of firearms, they have to identify those firearms clearly.
If gun experts can't figure out what this law covers, how is the
average law abiding gun owner supposed to know?"
Orange County Sheriff-Coroner Mike Carona agreed: "The law's
requirements are impossible to decipher," he said. "Not just for
civilians, for my deputies as well."
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***********************************
Mark
"The welfare of the people in particular
has always been the alibi of tyrants,
and it provides the further advantage
of giving the servants of tyranny a
good conscience."
Albert Camus
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