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NRA/CRPA Victory in Richmond, Ca. magazine ban case

cato

cato

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http://www.calguns.net/calgunforum/showpost.php?p=3439456&postcount=1
RELEASE: RICHMOND CITY COUNCIL REPEALS MAGAZINE BAN





12-2-09: The Richmond City Council voted last night to repeal its ill-advised ordinance banning the possession of magazines that hold over ten rounds. The City opted to repeal the ordinance (initially passed in 2007 but apparently never enforced) in the face of a pre-litigation demand letter recently served on the City by lawyers for the NRA and CRPA Foundation. The letter pointed out that the City’s ordinance was preempted by state firearm laws.

The City Council’s decision came after being advised by the City Attorney, who studied the authorities cited in the demand letter, that the law was not legally defensible. A copy of his report and related documents are available at http://www.calgunlaws.com.

The decision by the City to repeal the ordinance restores the rights of Richmond residents, as well as those traveling through the City, to possess magazines that were acquired and possessed pursuant to state law. The decision should also send a message to other municipalities considering the adoption of similar ordinances, not only those banning magazines, but also ordinances infringing on the right to keep and bear arms in general. Surrounding cities should recognize that such laws will be struck down as preempted under the landmark decision in Fiscal v. City and County of San Francisco, a successful NRA lawsuit that fortified the legal doctrine of implied preemption as a restriction on local gun control measures.

Should the City of Richmond or any other jurisdiction try to adopt alternative proposals that seek to regulate the possession of firearm magazines, the legal groundwork laid in preparation for this suit will allow for a swift challenge to those measures in court.

The repeal of the City’s ban on large-capacity magazines will become final once the City Council approves the measure on second reading. The second reading is currently scheduled to take place on Tuesday, December 15th.


__________________
Clint Monfort
MICHEL & ASSOCIATES, P.C.
Attorneys at Law
Los Angeles Office
180 East Ocean Blvd., Suite 200
Long Beach, CA 90802
Main: 562-216-4444 / Direct: 562-216-4456
Fax: 562-216-4445 / Email: cmonfort@michelandassociates.com
Website: http://www.michelandassociates.com
Gun law info: http://www.calgunlaws.com
Click to expand...

other related info

http://opencarry.mywowbb.com/view_topic.php?id=33648
 
N

N6ATF

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Hm, nice. As long as preemption is fixed for eternity, otherwise expect a repeal of preemption statutes. Just as the legislature would rather shift the financial burden of their corruption onto localities, I'm sure they'd rather have any number of the 58 counties each as RKBA-violating defendants in succession rather than the AG.
 
W

woody510

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Nov 27, 2009
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East Bay, California, USA
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here are a couple facts for you

1) Richmond Land area: 30.0 square miles

2) Population density: 3412 people per square mile

3) Already at 33 Confirmed murders as of August this year thats 1 for every square mile and i actually think its up around or close to 40 now which is why i choose to open carry as i live just on the out skirts between Richmond and Pinole whats even sadder is that a 55yo woman whom my family has known for years fell victim to a tragic home invasion by 2 black and 2 asian young men about 2 weeks ago they broke into her home around 4am stuck a shotgun in her face then she was bound at the wrist and ankles with duct tape and gaged with a wash cloth then beat and stuck in a closet where her neighbors found her like 5 hours later when they noticed her front door was open and went to check on her she had also been robbed for all her electronics and jewelery which the electronics could have been replaced but my mom told me that she had jewelry from the great depression that belonged to her mother and grandmother which i feel if your coward enough to do some thing like this to a women yet an elderly women thats some ones mother daughter and grandmother you deserve to be beat 2 inches from your life and shot and from what my mom told me and the description these guys couldn't have been more than 17 or 18 years old
 
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