Home › News › County News
More cities are making gun owners report loss
Local officials seek to curb the illegal sale of firearms
Download this story as a podcast!
Heyne
STORY TOOLS 
More from County NewsA new gun control law is slowly winning approval in several Ventura County cities, giving authorities a unique way to crack down on the illegal sale of firearms.
So-called lost or stolen gun laws require owners to report missing weapons within 48 to 72 hours of their disappearance or face misdemeanor charges.
Thousand Oaks passed a law in March. Port Hueneme and Simi Valley recently adopted similar measures. Both require second readings before taking effect.
The Port Hueneme Council will hear the matter Wednesday. Simi Valley will address it Monday.
Gun-control advocates and public safety officials say the laws will close a loophole on illegal trafficking. California requires a 10-day waiting period for gun purchases, so authorities can run background checks on applicants. But nothing forbids someone who passes a background check from selling guns to someone who doesn't, an act known as a "straw purchase."
Local agencies aren't sure how many gun-related crimes are linked to straw purchases. A 2000 report by the federal Department of Alcohol, Tobacco, Firearms and Explosives found that 30 percent of all guns in criminal investigations were obtained this way.
Local public safety officials believe the law holds merit.
"Anything that makes the community safer is beneficial," Port Hueneme Police Chief Fernando Estrella said, adding that gangs often obtain weapons through straw purchases.
Such laws educate the public "and make gun owners a little more accountable," Simi Valley Police Chief Mike Lewis said.
Half of Simi Valley's property crimes are committed by Los Angeles residents, Lewis said. He's hoping the ordinance will stem any potential migration of stolen guns from Simi Valley to parts south.
In Port Hueneme, an owner will have to report a missing or stolen weapon within 48 hours. Simi Valley and Thousand Oaks residents have up to 72 hours. Firearms lost or stolen within the past five years must be reported within 90 days of the law's approval.
Under the local ordinances, legitimate owners who do not report the loss and whose guns were used in a crime could face misdemeanor charges. Owners who flout the law and are linked to straw purchases face charges on not properly transferring the ownership of firearms.
Lewis stressed that authorities would have to determine if an owner knew a firearm was missing before citing someone. "Absent that, if it's a complete surprise to them, then there would be no enforcement of this ordinance," Lewis said.
If someone reports a missing firearm after the allowed time, authorities have the discretion to offer leeway because not everyone may know of the law, Lewis said.
But an "I didn't know it was missing" defense will only fly so many times. Using it too often will raise a red flag and bring more scrutiny by police, Lewis said.
A local chapter of the Brady Campaign to Prevent Gun Violence is pushing the law in Ventura County. Similar laws have been adopted in Los Angeles, West Hollywood and Oakland, said Tim Heyne, with the Brady Campaign's local chapter.
In 2005, Heyne was shot and left for dead in his Thousand Oaks driveway during a Memorial Day weekend shooting spree that left his wife, best friend and a Santa Rosa Valley woman dead. The shooter, Toby Whelchel, shot himself to death in a Simi Valley Wal-Mart.
State lawmakers approved a similar measure last year, but Gov. Arnold Schwarzenegger vetoed it, calling the language "ambiguous" and citing concern that the law would unfairly trap legitimate gun owners. Another measure requiring owners to report stolen or lost firearms within five days is pending in the state Senate.
Heyne, however, is lobbying cities because there's no assurances the governor will sign a state law.
Gun rights advocates oppose the laws, saying they victimize legitimate owners twice. First, you're robbed of your firearm; then you're prosecuted for admitting it was lost or stolen, said Rachel Parsons, spokeswoman with the National Rifle Association.
Long Beach civil rights attorney Chuck Michel, who represents the NRA in California, said the law would likely ensnare legitimate gun owners who report the loss — not straw buyers.
Moreover, Michel and Parsons contend that responsible gun owners don't do daily checks of their firearms. "It is just like any expensive jewelry," Parsons said. "I put on my pearls and put them back in my safe."
Heyne disagreed.
"Everybody should know where their gun is," Heyne said, adding that the law doesn't target responsible owners. "What we're after are people who don't know where their gun is or haven't checked on it in years. This isn't a hairbrush. This is a lethal instrument of death."
Posted by smithjc on August 7, 2007 at 5:02 a.m. (Suggest removal)
"But nothing forbids someone who passes a background check from selling guns to someone who doesn't, an act known as a 'straw purchase.'"
i guess the state and federal laws controlling this type of conduct are "nothing". under federal law, you face several years in prison for participating in a straw purchse. state law also requires that all firearms transactions go through a licensed gun dealer, even those between private parties. failure to do so is a punishable by fine and imprisonment.
and, of course, the 10 day waiting period to "conduct a background check" is also bogus, as with the "nics" system, the checks are instantaneous.
but then again, the gun banners don't care about the truth, they only want to grab your guns and punish you for exercising your constitutional rights. these laws do nothing to prevent theft of firearms, nor do they aid in the recovery of guns that have been stolen. they only serve to harass gun owners.
something the article doesn't mention (the ususal crack reporting from the red star) how did whelchel obtain his firearms?
Posted by AnnaWhaat on August 7, 2007 at 6:48 a.m. (Suggest removal)
Your right about the part they do NOT aid in the recovery. I tried to report our gun stolen. Im pretty darn sure I know the guy who took it. Although living in another county when I tried to report it I was told I had to drive the 100 miles to the other county to report it?????? ya gotta be kidding me. They couldn't just do a report then fax it over there? Then the guy I suspected was arrested for being caught with a gun. When I called the Ventura County DA to ask about the type of weapon recovered I was told I would get a call back from the DA's office handling the case. Well I NEVER DID !!!!! So I haven't a clue.......
Posted by sslocal on August 7, 2007 at 9:03 a.m. (Suggest removal)
"Anything that makes the community safer is beneficial," Port Hueneme Police Chief Fernando Estrella said...
This is the part that bothers me.
We slide closer to a police state every day in Kalifornia. Our reps should be enhancing our freedom, not taking it away.
Posted by shaver_one on August 7, 2007 at 11:36 a.m. (Suggest removal)
Since gun registration is not required in California, how is this law going to be enforced?
This law is about lost or stolen weapons...What if I decide to give mine to someone? How is anyone going to know? If I have had my weapon for years (before background checks) and I sell it (whether legal or otherwise) how is the government going to know?
It sounds good...but it has no teeth. It sounds good, but it is a bad idea.
And, remember:
The Second Amendment IS Homeland Security!
Posted by sslocal on August 7, 2007 at 11:49 a.m. (Suggest removal)
New handgun purchases are registered in the PRK. They have quite the database in fact.
Posted by venturapagan on August 7, 2007 at 4:20 p.m. (Suggest removal)
My boyfriend DID report a stolen weapon to the police. Know what they told him? Gee, we don't have any record of your gun, so we can't file a report, and this was a legally obtained and registered weapon!! Go punish criminals, not law-abiding (gun owning) citizens! I'm a female life member of the NRA!
Posted by smithjc on August 7, 2007 at 8:01 p.m. (Suggest removal)
prk= people's republic of kalifornia, aka the democratic people's socialist republic of kalifornia.
raven, that's why you should always retain information about your weapons, including the make, model, calibre (this is important as some manufacturers will used repeated serial numbers as long as the guns are of different calibres), finish (stainless, kal-cote, etc) AND serial number. that way, if a weapon is stolen, the info can be entered into the database and, if recovered, you might eventually get it back after jumping through hoops and through flames.
Posted by Tom_Johnston on August 7, 2007 at 10:16 p.m. (Suggest removal)
now I would have said that PRK was the "Peoples Republic of Korea" but that's actually the DPRK..the "Democratic Peoples Republic of Korea"
The way some of these gun nuts talk...you'd think that they live there
Attitudes about guns are changing...that's a fact.
"Cutesy" statements about the "people's republic of kalifornia" do nothing to further intelligent discussion.
Should someone report a stolen gun? Yah, I think so. Should you have to report one stole 5 years ago that (for whatever reason) you did not report then....hmmm....that's murky.
Don't own a gun..yet, but don't feel I need to. Those that do, well, it's coming around that the rest of society thinks there needs to be some regulation....GET OVER IT!
Form and join a "well regulated milita".....don't want to hear that phoney-baloney "surplusage" talk...the Constitution is clear..gun ownership is related to being in a "militia" and that "militia" is "well regulated".
Posted by shipchips on August 8, 2007 at 7:16 a.m. (Suggest removal)
Tom, sorry but you need to educate your self, guns are regulated, just check the state you live in, chances are they just don't enforce any of the laws but the waiting period.
I am happy for you that you don’t “feel the need” to own a gun, But remember the police can only react to a problem they cannot be there to protect you, you need to take that reasonability for yourself. I pray when you do “feel the need” it won’t be too late.
Have you ever heard of the BATF what do you think they do?
I am legally permitted to carry a handgun concealed, do you have any idea how much red tape and paper work I had to go through? Please don't tell me about "some regulation". Also I had no problem with complying with any of the red tape or paper work, that is good regulation, not fluff.
Lets try some enforcement of the laws on the books instead of trying to find a "silver bullet" law to fix all of our gun problems. You keep regulating the law abiding citizen when do you want to start regulating the outlaws? More regulation is a smoke screen to make non-gun owners feel safer, but they are not. Did that gun free zone help any of the people killed at Virginia Tech? I don’t think so, but that gun free zone made some people feel better about them selves, I wonder if they still feel so good.
I suggest you read Thomas Jefferson and read the intent of the second amendment it will surprise you. And while you are at it check on some of the other founding fathers. Try to find one that did not own a gun, I couldn’t and don’t kid yourself they didn’t own them just for hunting.
Posted by shipchips on August 8, 2007 at 7:17 a.m. (Suggest removal)
(continue)
I lived in California for over 28 years I now live in Louisiana, trust me there is a difference. Tom, I am assuming you live in either California or New York, I am sorry to say this to you but there are states between those two states, and you are right attitudes towards guns and legal gun ownership are changing just look at how many states allow the carrying of a concealed handgun today as opposed to five years ago. Every state but two have a concealed handgun permit law and most of them are very good, but some like California are overly restrictive, you need to be an actor or a member of the Senate to get one (I am not kidding).
I know guns are scary and yes they can be used to kill people, but when they are used properly they save lives, just ask our police departments. How many lives have been saved by the proper use of a gun? Did you know over 600,000 crimes are stopped by legal gun owners every year? Did you know when a state allows its citizens to carry a handgun violent crime goes down about 2% per year? Did you know violent crime has gone up in England and Australia since the mediatory gun bands in those two countries (I guess they missed those illegal ones).
I just ask that we as a people use common since not emotion to dictate how we live. Do I wish we didn’t need guns sure I do, but this is real life and I am going to protect my life and my family.
A gun is a great equalizer in a bad situation, and you don’t even need to pull the trigger.
Posted by shaver_one on August 8, 2007 at 8:53 a.m. (Suggest removal)
Amendment II
A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.
-- In the Congressional Statutes at Large, Vol. 1, Page 97, the first and third commas are omitted. It is believed these commas are for punctuation.
-- The second comma is believed to be a substitute for 'and'.
Posted by wiener on August 8, 2007 at 1:41 p.m. (Suggest removal)
The "straw purchaser" justification is a "strawman argument". I spoke to the Simi Valley City Council to (futilely) argue against their adopting this ordinance, and pointed out that it has nothing to do with firearms which are given away or illegally transferred.
The ordinance as written ONLY applies to the reporting of lost or stolen firearms. If a lost or stolen firearm is subsequently used in a crime, there is no additional penalty. There is in fact no legal linkage whatsoever.
So the efforts of newspaper reporters and council members and gun-control proponents to link the two is a total smokescreen, a "bait and switch" tactic. This is an unnecessary legal burden on legitimate gun owners, just because it sounds plausible on the surface. But it's one more nibble out of our 2nd Amendment rights.
Posted by sslocal on August 8, 2007 at 2:34 p.m. (Suggest removal)
It would seem that popular opinion is against the law.
Not that anyone on the Simi or Port Hueneme council cares.
(Requires free registration.)
Article discussions on this site are to support community debates of issues related to our stories and editorials.
Discussions should not stray from the subject of the story or editorial.
We do not allow the following:
We reserve the right to delete threads and/or ban users for these or other reasons we deem necessary.
Opinions are the sole responsibility of the person posting them. You agree not to post comments that are off topic, defamatory, obscene, abusive, threatening or an invasion of privacy. Violators may be banned. Click here for our full user agreement.