The Libertarian Party of Santa Clara County responded quickly to a mayoral memo threatening the civil right to self-defense in the City of San Jose.
The party issued a press release and followed it up by having an op-ed by Chair Jennifer Imhoff-Dousharm published in a local news outlet, San Jose Inside.
Following is the press release, as issued on Feb. 25, 2019:
Libertarian Party of Santa Clara County supports gun safety
Party rejects San Jose mayor’s memo as a way to encourage safety
SAN JOSE, CALIF. — San Jose Mayor Liccardo and Vice Mayor Jones issued a memorandum on Feb. 19 to direct the city manager and city attorney to revise and update sections of Chapter 10.32 of the San Jose Municipal Code regarding “Firearms Sales,” in response to the proposed congressional gun laws that are likely to fail. The memo outlines new regulations for all licensees of vendor permit holders, prohibition of the sale of any firearms and ammunition within or from a residence, and requirements for regulation of “downloadable firearms.”
The Libertarian Party of Santa Clara County (LPSCC) supports gun safety. Ensuring that the public is educated and that the proper rules are enforced is critical to ensuring the well-being of individuals and the greater community. This is why we urge that the city work with County and State authorities to properly enforce existing gun-seizure and “straw” purchase laws, which are currently not being prioritized.
“Issuing these new laws will only exacerbate law enforcement funding and criminalize law-abiding citizens, not stop crimes.” explained LPSCC Chair, Jennifer Imhoff. “More importantly, the laws proposed by Mayor Liccardo will drive responsible sellers out of business and encourage more residential and black-market sales.”
The memo calls for regulations around “downloadable firearms.” Restricting access to design files conflicts with existing court rulings against creating such laws. Restricting access to design files conflicts with our right to free speech. There is no way to enforce this type of law before a crime happens. Our concern should be getting help for those suffering mentally from depression or illness; not adding an additional charge to a more harmful crime that already happened.
Requirements towards audio and video surveillance are grossly under-researched. We understand the intent, however, little is understood about to what extent this regulation would apply. How long do records need to be kept? Where would the data be stored? Who could gain access to the recordings? And more to the point, how would these records violate the California Consumer Privacy Act of 2018?
Gun sellers are already doing the right thing by providing training, inventory checks, reporting missing equipment, and supporting efforts to curb suicide and domestic violence. Asking for further measures toward these efforts will only put a financial burden on gun shop owners, and potentially criminalize and close down safe locations for transactions. The mayor’s memo pulls on heart strings with the reminder of past shootings, but fails to show that San Jose gun shops are not doing enough. The memo issued discusses national data but likewise fails to show that San Jose is not already doing enough.
The Libertarian Party of Santa Clara County understands the concerns the community has regarding residential sales. Residential transactions are in response to the county’s systematic efforts to close down the existing safe locations for firearm-related transactions and education. Before being banned last year, gun shows on the county fairgrounds had provided the opportunity for these types of private sales to occur where identification was required for entry, armed guards were present, suicide assistance literature was abundant, and safety equipment was sold; providing the very things the mayor’s proposed laws intend. The closing of safe locations, like the county gun shows and now the 10th Street range, only drive gun sales to neighborhoods and the black market.
Gun safety is an important priority to the San Jose community and something the Libertarian Party passionately supports. This is why we reject the proposed new laws.
On Feb. 28, San Jose Inside published the related op-ed by LPSCC Chair Jennifer Imhoff-Dousharm. Here are highlights from her article:
“Issuing new legislation will … criminalize law abiding citizens. It will not stop crimes. More importantly, the laws proposed by Mayor Liccardo and his council allies will drive responsible sellers out of business and encourage more residential and black market sales….
“Gun sellers already do the right thing by providing training, inventory checks, reporting missing equipment, and supporting efforts to curb suicide and domestic violence. Asking for further measures towards these efforts will only put a financial burden on gun shop owners and potentially criminalize and close down safe locations for transactions.
“The mayor’s memo pulls on heartstrings with the reminder of past shootings but fails to show that San Jose gun shops are not doing enough….
“Residential transactions are in response to the county’s systematic efforts to close down the existing safe locations for firearm related transactions and safety education.
“Before being banned last year, gun shows on the county fairgrounds had provided the opportunity for these types of private sales to occur where ID was required for entry, armed guards were present, suicide assistance literature was abundant, and safety equipment was sold. They provided the very things the mayor’s proposed laws intend. The closing of safe locations … only drives firearm sales to neighborhoods and the black market.”
You may read the full op-ed (and readers’ comments) at San Jose Inside: “San Jose Mayor’s Proposed Gun Rules May Jeopardize Our Safety” (Feb. 28, 2019).