FACED WITH NRA / CRPA FOUNDATION LAWSUIT, BERKELEY REPEALS BAN ON POSSESSION OF CERTAIN SEMI-AUTOMATIC RIFLES

Thursday, May 6, 2010
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In response to a pre-litigation demand letter (See NRA/CRPA Letter) sent by lawyers for the NRA and CRPA Foundation, on Tuesday, May 4, 2010, the Berkeley City Council voted unanimously to repeal that city's ban on the possession of certain semiautomatic rifles, which had remained "on the books" as Municipal Code Section 13.47 despite being obviously preempted by state law. (See Ordinance Repeal).

The repeal is the culmination of discussions between attorneys for the NRA and CRPA and the Berkeley City Attorney’s office. The City of Berkeley initially resisted all requests by the NRA and CRPA to repeal this ordinance. But the City Attorney’s report to the City Council makes clear that the motivation to finally repeal the ordinance was the threat of litigation from NRA/CRPA. (See City Attorney’s Report).


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