Thousands of communities across this country. Now, they would not replace local Law Enforcement of course. But she believes that they could help support them. Thank you. All the talk about automatic and semiautomatic weapons leaves people to wonder the difference. Phil matier reports. Reporter one visit to the Evidence Room gives you a good idea of how many guns are on the streets of america and often the difference between a legal and illegal gun comes down to how many bullets it can fire how quickly. This is an assault rifle. Reporter it started out as a legal semiautomatic which means you have to depress the trigger each time you want to fire. Reporter then the size of the clip. In the state of california you cant have more than ten rounds in any firearm. Reporter the same for handguns. The capacity of the magazine dictates if it now becomes illegal. This is a high capacity magazine. This carries 30 rounds of ammunition. This can be inserted into this weapon and now it becomes an illegal weapon. Its not difficult at all. Reporter to give you an idea what that means. This is our magazine compared to the magazine that a criminal may use. Reporter but even on this point, the size of a clip, the debate is expected to be intense. Ha. [ laughter ] the argument against that is that it is a diminution of freedom of firearms owners to make their own choices. Reporter but in daytoday crime isnt it the handgun thats still the most commonly useed. Thats correct. Maybe. Reporter but as the professor notes on handguns the nation is divided. On the one hand, the handgun is the predominant weapon of abuse in the united states. But millions and millions of households also use them for selfdefense. Reporter and that is one of the key issues. Now, its interesting, the rest of the nation is going to debate whether to follow californias example both on the clip size and on the amanda assault rifles. But as this debate goes on, gun stores are reporting record sales. Theres been a lot of misinformation, including from the media. Im glad we are doing the stories so people know the difference. No matter what you call them, the real question comes down to the fire power and a big thing on the magazines size. The bigger the bullet size and the more rounds you can get off and the faster you can change that can make a critical difference in an ugly shooting like this because of in it takes you a little long because if it takes you a little longer to change that clip, some people can get away. Im sure the conversation will continue. Thank you, phil matier. Traffic slammed to a halt on a busy bay area highway today after someone started taking shots at a u. S. Marine recruiter. This happened on highway 85 in cupertino just south of de anza boulevard. The Victim Told Police that he was headed south about 1 00 this afternoon when one of the windows of his government vehicle suddenly shattered and when he pulled over to check it out he learned that it was no accident. Gets notices there is a possible from one of back of the windows. He pulls over and discovers he has been shot at more than once multiple times. Several bullets also struck the side of the car. Southbound lanes had to be closed for more than an hour. Investigators combed over the scene. Still not sure whether the marine was specifically targeted but since his uniform was covered by a jacket and his car was unmarked, they believe it was random. San franciscos improving Housing Market is proving to be a bust for some People Living in rent controlled apartments. An increasing number of them are seeing ellis act evictions even during the holidays. Cbs 5 reporter joe vazquez explains. I have lived here since 1975. Reporter 63yearold robert davis vietnam veteran bluegrass musician received a letter. The owner of the building intends to perform extensive renovations. Reporter telling him he has to leave his apartment. He says he is finding it impossible to find a new place anywhere in the city especially considering he has been under rent control for so long. Cant anyone help him relocate . If you are homeless and youre a drug addict, perhaps they will help you. But if you like me and paid your rent every day for 40 years and been basically a good guy, there is no help. Reporter his landlord is ee investigating davis employing the ellis act, a warning man dade by law that gives renters a heads up that the landlord is planning Something Different with the property. The ellis act restricts landlords from kick everyone out then raising the rent. Hey hey, ho ho [ indiscernible ] reporter activists held a demonstration at 18th and castro this afternoon saying they are highlighting the fact that theres been a sharp increase in ellis act ee visions in recent months. They say some 27 city landlords have informed tenants they are getting evicted. That includes 17 buildings in the mission alone. Bad news in the holiday season. I would love to have my daughter raised in San Francisco. We cant officially afford it if were ellis act moved out. Reporter according to the rent board there have been about 176 ellis act evictions this year, half the level from five years ago. But sharply up from the last few years leaving some renters no choice but to move out. Casualties of a Real Estate Market now booming in the city. Joe vazquez, cbs 5. Other bay area headlines tonight, some cupertino preschoolers spent the afternoon behind locked doors while police searched for a wanted man outside. We are told it was just a precaution and students at Good Samaritan preschool were never in any danger. Police are not saying much about the suspect except that he was wanted for a crime committed in neighboring sunnyvale. In albany a shooting suspect who barricaded himself in his apartment was arrested after an allnight standoff. Police say 62yearold kent stinson reportedly shot at two people with a pellet gun around 12 45 this morning. He was arrested peacefully eight hours later. A. 22caliber rifle was found in his apartment. In campbell, firefighters discovered a body inside a burning storage unit after they put out the flames early this morning. Investigators say that unit on cunis drive was about the size of a walkin closet. They think the victim may have been sleeping there. Foul play is not suspected. Bitter cold tonight and another change is on the horizon. Julie watts is in for meteorologist paul deanno with more on the chilly temperatures coming our way. The good news is if i are tired of chilly temperatures were going to see more mild temperatures. But they come are ran and wind. One or the other. They come with rain and wind. Outside temperatures dropping rapidly this evening. Right now current temperatures anywhere from low 40s to low 50s. Certainly a bit more mild by the bay in oakland and San Francisco where were around 50. Temperatures dropping overnight not as chilly as yesterday. Temperatures for most folks likely in the mid to upper 30s although a few spots will likely hit freezing. The rain returns tomorrow afternoon and we stay wet and windy through the extended forecast. Ill have details coming up in a bit. Thank you. Done nothing for us but try to bring us down. Shut down because of prostitution. Why a notorious Bay Area Motel looks like it will reopen. Just one day out of the blue they were all gone. A rash of bizarre bay area thefts. What used to be here on the sidewalk. And are you getting overcharged at the checkout line . The big grocery chain that was found to make more mistakes than other stores. ,,,,,,, south bay. Today sheriffs identified a third suspect the case. In new details about the abduction of a happened did i man in the south bay. That handyman in the south bay. A third suspect was identified. Investigators say the victim was lured into a morgan hillmantion this month, held hostage, beaten and forced to make repairs. After six hours they all got into the victims truck and went to the suspects mothers house for more repairs. The handyman escaped when they stopped at a gas station. Sheriffs deputies arrested these two suspects as they pulled out. And today investigators identified this third suspect, richard rodriguez, jr. He lives in alameda and is wanted for assault and false imprisonment. Its been called a front for a brothel. The owner of an east bay motel wants to reopen after it was closed due complaints abou prostitution. Cbs 5 reporter da lin reports on how the other thanker says things will be different this time at the economy motel. Reporter under a shutdown order this Motel Economy Inn been shut down until july 31. The owner promises to turn things around and now he has asked a judge to allow him to take down that fence and reopen early. Neighbors here say no. Neighbors say this was a place of misery a hub for prostitution and child sex trafficking. Her pimp he followed her and actually beat her up on the side of our building. It was pretty gruesome. Young woman had to jump out of the third story to get away. Reporter one time a pimp walked out of a hotel to harass a student. Followed me to convince me it come with him. Reporter thats why neighbors and businesses in this lake merritt neighborhood want economy inn to remain closed. The motel owner and his attorneys met with neighbors to talk about changes. We Work Together and change the neighborhood with major problems. Reporter an outofstate Hotel Management company would run economy inn. He would designate one room as a Police Substation so officers could monitor the place. He would also set up 16 cameras. Neighbors arent convinced. He owned that property for close to 35 years. I have never seen it in my time there be anything but a brothel. Why would i think after all those years after allowing all that to happen and not caring about our community that all of a sudden its changed. Reporter robin glover is the principal at dewey Continuation High School which is located in front of economy inn. People come here for a Second Chance and so we want to steer them in the right direction. Reporter the motel owner Attorney Says the motel was never the problem. It was the neighborhood that caused the problems. Nomo tell can rise distinctly above the neighborhood so the neighborhood has to rise along with the motel. This is the 260 page petition the owner filed asking the judge to allow him to reopen early and from the folks who are familiar with the case, they tell me that because of the new security measures, the owner proposed, its likely the judge will have very little choice but to grant his request. The judge has set up a hearing date on january 16. Back to you. Thank you. Police in the east bay are trying to dig up dirt on a thief with an unusual target. Someone has been snatching potted plants from homes and businesses in the clay court area. One Cell Phone Store on clayton road has lost four since last year. Now they have to haul them inside every night. Cant be too careful. You have to even watch out for your plants. They are expensive to replace. We water them, take care of them, kind of get attached. A few years back another thief was caught on camera plundering plants from a concord business. He was arrested later trying to sell them at a flea market. When was the last time you checked your grocery receipt . Being overcharged is common. In a story youll see only on cbs 5, julie watts discovered safeway was found to make more mistakes than any other california grocery store. Reporter i heard that there is a policy that if you charge higher than the lowest advertised price you get the item free under 5 and if its over 5 you get a gift card. I havent heard that. Reporter thats the policy at safeway and Southern California von stores. The result of a 2008 lawsuit after a statewide investigation found the same thing back then, we are still finding today widespread overcharges. We went shopping at five Safeway Stores and were overcharged five times. And we have since discovered were not alone. We compiled data from more than 1800 scanner inspections at safewayoperated stores in 31 california counties and 11 different states. In california alone, inspectors were overcharged on 1 out of every 50 items purchased over the past five years. A spokesman claims this places a store quote within the industry norm but last year it was 12 higher than Grocery Stores inspected statewide. Its not shocking. Reporter the ftc points to safeways complex combination of club prices, personalized deals and shortrun sales. He says with more price fluctuation comes more opportunity for error. And that can benefit the stores bottom line. Changing prices all the time generates a certain level of confusion by consumers and that works to the stores advantage because they are getting the benefit of having drawn someone in with a sale price. A price he says the store is legally obligated to get right. None of this is top secret. But you dont need to be nasa or the cia to figure out how to get the prices right. If stores are not eager to do it on their own then its up to enforcement agencies to force them to do it. Reporter there have been three lawsuits. Since the most recent in 2008, records show they continue to fail scanner inspections by overcharging in nearly three quarters of the reporting counties not including another 9 counties which denied us access to the documents citing open investigations. The remaining counties have done no inspections at all. At what point does the fcc step in and say the d. A. Can sue but if safeway doesnt abide by the judgment, its pointless . I cant comment on whether or not there is any current ftc action involving safeway or any other company. Reporter neither can the California Division of measure elementary standards. But last year, the agency performed a statewide price Verification Survey of various retailers. It found many stores make scanner errors. In fact, some are in your favor. But the Grocery Stores inspected for the survey were nearly twice as likely to err in their favor and overcharge instead of undercharge. By comparison, Safeway Stores were four times as likely to overcharge than undercharge. Thats according to county inspections conducted the same year. Scanner issues extend far beyond california. Safeway operates stores in 20 states under a variety of names. Inspections show even higher failure rates in three other states yet california is still the only one to take legal action and many states have no inspections at all. The best way to protect yourself is to protect yourself. Reporter while the ftc is responsible for federal protection, you should check your receipts. Ask to get your overcharged items free. Although it does take dedication. I dont do that here. They do it over there. Reporter we spent a total of 30 minutes atticus mer service in just three stores attempting to get our overcharged items for free. Shouldnt i get it for free because i was overcharged. I never seen that. No. Reporter at the end of the day only one store agreed. Awe can do that. Reporter they say they have been retrained on the policy but employees said they were trained not to offer an overcharged item for free unless a customer asked. Safeway says its committed to eliminating pricing errors and never intends to overcharge customers. It doesnt think the numbers we compiled accurately reflect its actual performance. For the stores full response go to cbssf. Com consumerwatch. So is anyone else investigating this . Reporter you heard, the ftcs response. They have no comment. But the state denied our request for a large number of documents which likely means those documents are part of an ongoing investigation. Our report was forwarded to each countys department of weights and measures and they now have open investigations. Thank you. Coming up in just a couple of minutes, ill be right back with your pinpoint forecast. Look, if you have copd like me, you know it can be hard to breathe, and how that feels. Copd includes chronic bronchitis and emphysema. Spiriva helps control my copd symptoms by keeping my airways open for 24 hours. Plus, it reduces copd flareups. Spiriva is the only oncedaily inhaled copd maintenance treatment that does both. Spiriva handihaler tiotropium bromide inhalation powder does not replace fastacting inhalers for sudden symptoms. Tell your doctor if you have kidney problems, glaucoma, trouble urinating, or an enlarged prostate. These may worsen with spiriva. Discuss all medicines you take, even eye drops. Stop taking spiriva and seek immediate medical help if your breathing suddenly worsens, your throat or tongue swells, you get hives, vision changes or eye pain, or problems passing urine. Other side effects include dry mouth and constipation. Nothing can reverse copd. Spiriva helps me breathe better. blowing sound ask your doctor about spiriva. Well, were going from chilly temperatures to wet and windy weather. A little bit of something for everybody in that forecast. All right. Lets go ahead and take a live look outside. Heres a live look over san jose where temperatures are dropping this evening. Temperatures will get down to around the 40degree mark there. Certainly closer to the freezing mark inland and farther south. This is just the beginning. You can see a weak high in place right now. Thats whats keeping our skies clear for now. But waiting in the wings rain returns as this weather system makes its way in. We are going to start to see the first bandof showers moving in. This is thursday morning most us stay dry. As we advance on into the afternoon hours, very slow moving. It starts to sink south and it will continue to move in during the overnight hours and on into wednesday. A winter storm watch in effect thursday afternoon through friday. Snow levels starting around 1,000 feet and then increasing to 3,000 by friday afternoon. We are talking 6 to 13 of new snow. Grab those chains if you are heading up to the high country. Winds gusting up to 40 Miles Per Hour but wind speeds sustained anywhere from 10 to 20 for the most part. Down here in the bay area, temperatures will be relatively mild. Were talking mid to upper 50s for most folks. Dry for most of the day tomorrow. Its the afternoon that first band. Showers moves n once it does though we stay wet and windy through the weekend. We do have one day in this forecast where we dry out. Im going to hold off and ke