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Well, the zombie of City Council spawned gun control has returned. It's a zombie that causes other, similar zombies to awake and follow it and lurch about in a braindead formation.
I've debated whether to make a post about this here, because while I've opposed the City of Monterey's stance elsewhere, my time is precious and I don't have time to burn writing about it ceaselessly.
But I did want to make a post here to explain to those who do visit and shop on this site or who simply may be curious about the licensing shitstorm in Monterey what has gone on and where it is going from here, and how it potentially affects this business (which I make available as https://www.gallagherammo.com and which is formally known as Gallagher Ammunition).
(Notice to Google (who I've received a warning from as a result of complaints from the City, the City of Monterey, and its followers): The California Eastern District Court ruled on Feb. 27, 2017 in the case known as Publius v. Boyer-Vine, that “content-based laws — those that target speech based on its communicative content — are presumptively unconstitutional." This was from a case where the plaintiff was defending firearm related speech and was defended in the case by lawyers from the Firearms Policy Coalition. The case was not appealed by California and it stands as case law today. Therefore, continued attempts by the City, Google, or others to remove this page or this site will be met simply by a response which includes reference to the case decision of Publius v.. Boyer-Vine.)
In a nutshell, a new gun store (which I don't have an affiliation with, no financial stake in, etc.) decided to get licensed in Monterey. This gun store is known simply as L&B Firearms. (Please go and support them if you are in Monterey, at 301 Ocean Ave., they need your help as they are being targeted by the City of Monterey and by a lot of people who follow the City of Monterey Mayor like zombies.) L&B Firearms (a woman owned shop - I met her and her husband, both great people) applied for and got their permits and they have their local business license, state permit(s) and federal firearms license. Not long after this, Mayor Williamson in Monterey and some neighbors in the vicinity of the gun store got wind of it and started whining and screaming. Well, the gun store was approved. But this didn't settle the matter for the Mayor and City Council, who were convinced they had to "do something."
In the City of Monterey, since basically time immemorial (or as long as the most recent zoning has been in effect, probably since the 1970s or even much earlier than that, if we are being realistic), firearms and/or ammunition based businesses have been allowed in most areas of the City. These zoning standards were developed in a time when people actually walked to places where they could buy things (and when the City was actually friendly to people wanting to develop business in town), as opposed to now when many types of businesses are driven out by the Mayor and a few others on the Council even if they are licensed. So the zoning now was created during a different time when people were friendlier and not so lazy (and when people were also more respectful of exercise of Constitutional rights). Today, the City of Monterey's government is dominated by people who simply don't respect business and don't respect people's rights.
And so, following the actual approval of the firearms store in Monterey, the City of Monterey chose to move forward with putting an "urgency ordinance" on the agenda. Ostensibly, supposedly, the purpose of this "urgency ordinance" was to grandfather existing gun and ammunition businesses and to put a 45 day "pause" on new applications while the City of Monterey deliberated about new requirements that could be applied to new gun and ammo store applicants in the future.
However, we knew that this would not be the case. The City put the matter on the agenda without having deliberated on it at a prior agenda meeting, violating the Brown Act, and then disclosed to certain members of the public and Councilmembers the nature of the agenda item what would be on the agenda before it would be placed on the agenda, further violating the Brown Act. Finally, instead of the advertised "urgency ordinance" which was supposedly on the agenda to pause future applications for 45 days, the Council decided it would instead take another action which had not been agendized, which was to render a decision to transform the "urgency ordinance" into an "emergency ordinance" thus directing the ban of 45 days (no applications for new gun or ammunition related local business licenses, even though they are principally permitted retail uses under the zoning) to be transformed into a "emergency ordinance" ban extension of up to 1 year, 45 days with the potential of a 1 year renewal (for a total of 2 years, 45 days of ban on any new applications). All told, these actions clearly violated the Brown Act, making the item subject to reversal by action from investigation by the County District Attorney (I have already begun a case with the local County's District Attorney's equivalent of the Public Integrity Unit, in an effort to potentially utilize the District Attorney once full evidence is presented against the City of Monterey and thus reverse the action the City of Monterey took).
Yes, this (my) business (Gallagher Ammunition - https://www.gallagherammo.com) is in fact one of those grandfathered businesses as shown the City of Monterey's staff report on its "urgency ordinance." I don't care. I don't think this City attack on us is warranted on anyone and there should never be a ban on a whole class of business or businesses. This should go without saying, but apparently in the City of Monterey it needs a bit of explaining.
You'll notice on one of my posts I mention I dedicate a portion of my profits to certain charitable organizations. That will continue, but it will have to pause for a time since I will need to reserve and redirect funds ordinarily donated to charitable, to the legal front against the City of Monterey.
Amongst the things the City is proposing to do against existing gun and ammuntiion businesses (these are words from the City Council, not my words, from the hearing at Council for the "urgency ordinance," though of course there is no urgency and no need for this to happen):
- buy us out,
- "take over" the property (at 301 Ocean, which is L&B Firearms), and possibly others (without saying it, the City is quietly suggesting it may utilize eminent domain against businesses that it licensed which hold local business license, state license, and even federal license(s)),
- impose City level requirements such as City designated insurance requirements on businesses
- change entire zoning areas in the City (to ensure that firearms and ammo based businesses will never be allowed).
All of this was the City of Monterey's emotional response to one single gun store being licensed legitimately in the City. There is no other gun store in the City othe than L&B Firearms. The immediate reaction of the antis in the City of Monterey was shrieking, loud noises and "ohhhh-nooooo" sounds claiming that this would be a terrible danger and this must not be allowed here! (Never mind that it is an approved licensed business facilitating Constitutionally protected activity.)
Technically there is JC Firearms off Highway 68 (which does have an FFL and thus is a gun store) but they don't have stock on hand and mostly are focused on other business activity (it's really a fire prevention business that takes care of fire prevention and compliance for businesses).
The City mentioned Triggered Ammunition in its staff report, which is a walk-in (physical) location, but it's an ammunition store in an area with little traffic and finding their hours of availability isn't easy (you can call them to arrange an appointment). It's not a gun store.
There's this store you are visiting now (Gallagher Ammunition), run by me, which is online only, licensed by local business license in Monterey, with State Ammo Vendor (non-FFL) license. (Everything is done online, it's ammunition and accessories only, there is no stock on hand, no in-person / no walk-in, everything is kept in distributors' warehouses outside of California.)
And there is Big 5 in Monterey - they have an FFL, but they don't sell guns (they just sell ammunition and BB devices / airguns), because they don't want to be subject to the highly intrusive and costly 24/7 surveillance requirement imposed by the State of California which requires a year's worth of storage at 15 frames per second and zero downtime, with auditing that can occur at anytime by the State. Not wanting to deal with that, Big 5 just decided not to do guns but to keep their FFL and so you have a federal firearms licensee in Monterey that doesn't sell firearms.
One that the City of Monterey didn't even mention in its staff report was Ventana Wildlife Society, which technically also is in Monterey along Highway 68, really not far from JC Firearms off 68. Ventana Wildlife Society, just like me (Gallagher Ammunition), has a California Ammunition Vendor (non-FFL) permit, held and managed by the guy who runs their lead-free ammunition program - which happens to be funded by grants from the State of California. (The obvious difference between Ventana Wildlife Society and Gallagher Ammunition is that Ventana Wildlife Society has a "lead free ammunition program" where they give away lead free ammunition, and in my case, through my business (Gallagher Ammunition) I sell both lead ammo and lead-free ammunition.) It will be interesting to find out what the City policy will be towards Ventana Wildlife Society and whether they decide they want to shut it down much as they have decided they have wanted to target the other gun and ammo businesses in the City. That sure would make a good headline: "City of Monterey to shut down Ventana Wildlife Society, targets Society for acquisition through eminent domain due to Ventana's ammunition license." Yep, I'm very curious indeed to see how the City's double standard will apply here.
A few things I plan on doing in response to this:
- Keeping my (grandfathered) license, which was obtained before the City's so-called "urgency" ordinance (which the City is now turning into an "emergency" ordinance as mentioned
- Opening a case with the District Attorney (which I've already done) to hopefully overturn the City's action, based on the Brown Act
- Opening a case with the State Civil Rights Department (which I've started) against the City. Work in progress, we'll see how that goes.
- Challenging any action the City attempts to launch against me in court, perhaps with the assistance of the FPC, or other organizations, though so far, no help has been extended.
Cheers, and enjoy the licensed ammo shopping experience!
Oh - I will also be advocating for a national bill to override (effectively get rid of) local business licenses. If this is how we are treated when we have them and have (state and / or federal) other licenses, why should be contine to allow local governments to have the local business license to be used to abuse us in this way?
Thanks for reading.