Needles declared itself a “2nd Amendment Sanctuary” city; wants exemption to some state gun laws

Leaders of border town say strict rules are keeping Arizonans out.

By Sandra Emerson | [email protected] |
PUBLISHED: June 24, 2019 at 5:09 pm | UPDATED: June 25, 2019 at 10:38 am

One of San Bernardino County’s easternmost cities wants to be a sanctuary, not for undocumented immigrants, for gun owners.

Needles this month declared itself a “Second Amendment Sanctuary City” a message that city leaders say is partly about support for gun rights and partly a desire to get an exemption from state law so out-of-state gun owners can travel through town and for residents to purchase ammunition.

The former railroad town of about about 5,000 is near the Colorado River, close to the Arizona state line, and city officials say that California’s gun laws are prompting Arizona residents to stay out of Needles, hurting business in the town.

“All we can do is tighten state law,” said Mayor Jeff Williams. “We can’t loosen it, but we can ask for a change in the law or an exemption.”

The City Council, which made the declaration during a meeting on June 11, eventually could consider all or any of three possibilities — an exemption from the state’s gun laws for Needles and a 65-mile radius surrounding the town, a request request the state to allow the city to recognize concealed weapon permit holders from neighboring Arizona and Nevada, and a request to the county to allow sheriff’s deputies to not enforce weapons violations by California, Nevada and Arizona residents who are following their state’s rules.

California, which has some of the toughest gun laws in the country, does not recognize out of state concealed carry permits, nor does the state issue such permits to out-of-state residents.

However, Arizona and 23 other states do recognize California permits.

“It’s time to have reciprocity,” Williams said. “Out-of-state residents cannot get a concealed weapon permit in California, however you as a Californian can get an out-of-state permit in every other state. It’s time for us to recognize other permits.”

City officials may also request the San Bernardino County Sheriff’s department to direct its deputies to use discretion when they pull over Arizona or Nevada residents carrying weapons in their vehicles.

This could mean, Williams said, that an out-of-state resident would be asked to take their gun back across state lines, or be allowed to unload the weapon and place it in the trunk or locked container, as is required in California, rather than face potential criminal charges.

California’s concealed carry permit holders are allowed to transport a loaded weapon in their vehicles. Those without California permits are required to keep their weapon unloaded and locked in the trunk or other locked container. The weapon must also remain in a locked container when carried to or from a vehicle.

In addition to exemptions for licensed gun owners, Williams said they are looking to lessen restrictions on ammunition purchases for California residents in Needles.

It is illegal purchase ammunition out of state, then transport it back to California. Ammo must be purchased in person at a vendor licensed with the state’s Department of Justice. Online orders must be shipped to one of these vendors, not to a buyer’s home.

For Needles gun owners this means driving more than 100 miles purchase ammunition in person, or to pick up online orders, from a California-licensed vendor, even though there are ammunition stores just a few miles across the river, Williams said.

The ammunition rules are part of Proposition 63, which was approved by about 63 percent of California voters in 2016. Starting July 1, ammunition buyers will be required to show identification and undergo a background check.

Steve Lindley, program manager with the Brady Campaign & Center to Prevent Gun Violence in Los Angeles, said there already are exemptions for out-of-state hunters coming into California. He also said ammunition is available at gun ranges without a background check, but that ammo needs to be used there.

Lindley, who said he was in law enforcement for 30 years, said deputies do have some discretion, but they ultimately are sworn to uphold California law.

Part of the problem with out-of-state permits, Lindley said, is different states have different criteria for who can own a gun.

“I think that the issue that we would have is somebody who might not be prohibited from owning a firearm and having a concealed weapon permit in Nevada or Arizona might be prohibited here in California,” he said.

He believes Needles isn’t likely to be granted an exemption from state gun laws, in part because such a move could set off a flurry of requests from other border communities.

“There are a number of cities up and down the state bordering Arizona and Nevada, or Oregon, and they’d be asking for those same exemptions.”

Williams, Needles’ mayor, said his community plans to meet with the Sheriff’s Department, California Highway Patrol and state legislators to discuss their request. He added that they are talking with other border cities that might be interested in joining them.

The full council is expected to consider a resolution during its July 9 meeting.

“Los Angeles and San Francisco usually control most of what we get in the state of California,” Williams said. “We don’t appreciate them dictating to us like they’ve been doing.”

While Needles proclaims to be a sanctuary for gun owners, it took a stand against so-called sanctuary cities for undocumented immigrants. The city was one of several across the state to pass a resolution saying it opposes California laws that limit local law enforcement cooperation with federal immigration officials.

In contrast, the city has turned to the legal sale and manufacture of cannabis to generate revenue.

“It’s a conservative town with a streak of Libertarianism,” Williams said.