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California: NRA/CRPA Submit New Letter Opposing Firearm Dealer Ordinance in Emeryville

Monday, April 5, 2010

On April 6, 2010, the Emeryville City Council will be hearing on second reading an ordinance that will require firearm vendors to obtain a permit from the Chief of Police that includes unlawful provisions, such as prohibiting those between the ages of 18 and 21 from entering a gun store where handguns are sold, and requiring a biannual inventory of all firearms possessed by the vendor. 

This ordinance is a modification of the Legal Community Against Violence’s (“LCAV”) model ordinance for firearm vendors.  NRA/CRPA attorneys from the law firm of Michel & Associates, PC submitted a letter opposing the proposed ordinance.  At the  March 16, 2010 City Council meeting when the Council considered this ordinance, it, based on admonishments from Emeryville’s City Attorney that the City could avoid risk of a lawsuit threatened by NRA/CRPA in its letter by removing provisions regulating ammunition, the Council amended the ordinance to do just that.  However, the City Attorney did not advise the Council, at least publicly, on the merits of NRA/CRPA’s position that remaining provisions are also unlawful.  Thus, the Council approved the proposed ordinance as amended on first reading at that meeting.

On April 1, 2010, NRA/CRPA attorneys submitted a new letter opposing some of the remaining provisions (See Letter at calgunlaws.com).  The letter essentially makes the case why the provisions prohibiting those 18-21 years of age and the dealer inventory requirement are unlawful.

The Emeryville City Council is scheduled to vote on the adoption of the proposed ordinance on April 6, 2010 at 7:16 p.m. at Emeryville City Hall, located at 1333 Park Avenue Emeryville, CA 94608.  It is item “L” on the agenda.

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