SUNNYVALE (KCBS / KPIX 5) — Residents of Sunnyvale will cast their vote on a controversial gun control measure on Tuesday’s ballot. Measure C would require all firearms to be locked up when not in use, among other restrictions.

The gun control measure would also ban ammunition magazines that hold more than 10 rounds and require a thumbprint for all ammunition purchases.

Attorney Chuck Michel, who represents the National Rifle Association, said that the ballot measure is pre-empted by state law.

“Measure C also runs afoul of the Second Amendment right to keep and bear arms and infringes upon that right. It’s important to remember that this is a package of laws being pushed by Mayor Michael Bloomberg in part of his effort to restrict the 2nd Amendment and limit the recent Supreme Court holdings that confirm that the 2nd Amendment does protect a fundamental individual right,” Michel said.

However, Sunnyvale Mayor Tony Spitaleri disputes the claim that Measure C is “pre-empted” by law.

“If any of those items did pre-empt it from the state, we wouldn’t have put it on the ballot. We had checked it out, our attorneys checked it out, the city attorney checked it out,” he said.

The City of San Francisco had proposed a similar measure in 2005, which was eventually struck down by the courts.

The NRA said they plan to sue if the measure  is approved by voters. Measure C needs a simple majority to pass.

(Copyright 2013 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)


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