Gun rights group threatens to sue San Jose over ‘unconstitutional’ firearm fees, insurance

The threat comes two weeks after the city made plans to enact a new gun control measure

Even though San Jose has not yet released details of its proposed ordinance requiring legal firearm owners to pay for the cost of gun violence, a Second Amendment advocacy organization is already launching a campaign to stop it from taking effect.

The National Foundation for Gun Rights on Wednesday sent a cease-and-desist letter to San Jose Mayor Sam Liccardo and the city’s ten city councilmembers formally threatening to sue them if they go through with enacting the legislation.

“Please be advised that should you pass the proposed ordinance and blatantly violate the constitutional rights of the residents of San Jose, my clients have authorized our firm to file a lawsuit against the City to protect the constitutional rights of their members,” San Francisco-based attorneys Attorneys David A. Warrington and Harmeet K. Dhillon, who are representing the Foundation, wrote.

They go on to argue that the proposed ordinance is unconstitutional because it imposes a “discriminatory tax that singles out citizens exercising their constitutional rights” and “seeks to punish citizens of your city who have committed no crime or offense.”

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