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View Full Version : Update: NRA/CRPA Actions Re LA Dealer Warning Ordinance


sbrady@Michel&Associates
02-05-2010, 4:30 PM
This is that sign that is posted in gun stores in Los Angeles and it is also the tag that they put on your gun. Here are my questions.

1. Why hasn't someone had this code repealed?
2. Isn't this past its expiration date?
3. Can't someone sue for grossly misinforming the public?

http://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=vcfi.dsp_CFMS_Report&rptid=99&cfnumber=07-0461


In response to your concerns, I write to provide you an update on our status with this ordinance, as well as to clarify a few apparent misunderstandings about this ordinance.

First, the NRA/CRPA through our office (Michel & Associates, P.C.) has been working to have this ordinance (LAMC 103.314(q)) repealed for sometime now (just as we have been working to get LA’s ban on sales of .50 Caliber firearms and “ultracompact” handguns repealed; see thread on that here: http://www.calguns.net/calgunforum/showthread.php?t=263769).

NRA/CRPA Foundation are prepared to file a lawsuit to demand its repeal, but we have to go through the motions with the City to increase the odds of getting awarded our attorneys’ fees if we have to sue.

Second, to answer your last two questions, there is no expiration date for this ordinance. The date you are referencing (Expiration Date 09/09/10) is a somewhat arbitrary date that is assigned to the file for each ordinance. Its purpose is to tell the City Council that it has 2 years from the date of final action on an ordinance to take any action on the file (it does not apply to the ordinance itself). Of course, the two year limitation is not even true, and that is why the date there is pretty much arbitrary. As for “grossly misinforming the public”, I am not sure there is a cause of action for that, unless maybe some injury resulted from the misinformation. Our plan is to challenge the ordinance on First Amendment grounds though.

I hope my response to your post was helpful and answered your questions sufficiently.