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View Full Version : Berkeley's restriction on semi-auto firearms?


Adehtla
03-17-2010, 10:46 PM
So, I was looking up knife laws for a friend, and I saw Berkeley's ban on semi-automatic firearms (http://codepublishing.com/ca/berkeley/html/Berkeley13/Berkeley1374/Berkeley1374.html#13.74). While this would be "fixed" if MacDonald turns out favorably, why hasn't anyone gone after Berkeley yet?

misterjake
03-17-2010, 10:55 PM
Cause they're Bazerkeley?!?!

hoffmang
03-17-2010, 10:56 PM
The main reason no one has challenged Berkley yet is that they don't attempt to enforce it, and it's preempted by state law. Before McDonald, kicking it over doesn't win anyone much either...

-Gene

berto
03-17-2010, 10:58 PM
Berkeley's great on grand statements that make people feel good/empowered/etc. but shies away from any actual heavy lifting. Typical feel good nonsense that they can't even enforce.

Texas Boy
03-17-2010, 11:12 PM
Berkeley's great on grand statements that make people feel good/empowered/etc. but shies away from any actual heavy lifting. Typical feel good nonsense that they can't even enforce.

Like the fact that they are a "nuclear free zone". No atoms in that city, no sir.

wildhawker
03-17-2010, 11:14 PM
Like the fact that they are a "nuclear free zone". No atoms in that city, no sir.

I wonder if anyone uses smoke detectors in Berkeley.

Heh.

383green
03-17-2010, 11:18 PM
I wonder if anyone uses smoke detectors in Berkeley.

Heh.

(snicker) :nuke: :willy_nilly:

berto
03-17-2010, 11:18 PM
Like the fact that they are a "nuclear free zone". No atoms in that city, no sir.

I laugh at that sign every morning on the way to work. it's nuclear free except for everything that isn't.

Liberty1
03-18-2010, 12:51 AM
Palo Alto has the same law and the police basically admitted to the news that they were not going to enforce it (parroting Gene's reasoning) when some OCers 'came to town'.

Adehtla
03-18-2010, 1:04 AM
All great information.

Now, if their police officers understood laws relating to knives... It's all good though. I've armed my friend with all the information she could ever want about carrying knives in California and Berkeley (specifically).

An officer told her the knife she was carrying was "too big" and violated PC 12021. California PC doesn't mention size that I can find, and PC 12021 deals with penalties for violations of 12020. Berkeley municipal code says nothing over 3"... Guess you'll be using a butter knife to cut that steak ;-)

Liberty1
03-18-2010, 1:07 AM
California PC doesn't mention size that I can find,

653K carrying of switchblades over 2". And as a general condition of parole one can not possess any knife over 2".

CalNRA
03-18-2010, 1:14 AM
notice that here a "semiautomatic weapon" is a rifle or carbine. Nice little loop hole to make sure all the "misunderstood" youths don't have to be charged for that misdemeanor when busted for a drive-by.

Adehtla
03-18-2010, 2:07 AM
notice that here a "semiautomatic weapon" is a rifle or carbine. Nice little loop hole to make sure all the "misunderstood" youths don't have to be charged for that misdemeanor when busted for a drive-by.

If you could SBR, that's a great way around it as well.

CalNRA
03-18-2010, 3:25 AM
If you could SBR, that's a great way around it as well.

Yeah, right after a resident gets a sign-off from Chief Meehan or Sheriff Ahern, both of whom are well known supporters of the Bill of Rights.

Heatseeker
03-18-2010, 6:10 AM
Like the fact that they are a "nuclear free zone". No atoms in that city, no sir.
I hope the city doesn't come up to the Lab to see what we're up too....:rolleyes:

Quser.619
03-18-2010, 10:00 AM
Like the fact that they are a "nuclear free zone". No atoms in that city, no sir.

Wow, so they block out the sun, huh?

POLICESTATE
03-18-2010, 10:05 AM
Wow, so they block out the sun, huh?

I wish they would, then we could watch them all croak from Vitamin D deficiency.

SJgunguy24
03-18-2010, 12:44 PM
Like the fact that they are a "nuclear free zone". No atoms in that city, no sir.

I wonder if anyone uses smoke detectors in Berkeley.

Heh.

Boy I sure hope they let everybody at LBNL know about their "Nuclear Free Zone":rolleyes:

I mean they only helped develop the technology to enrich Uranium for use in nuclear weapons.

Texas Boy
03-18-2010, 1:05 PM
I used to work at LLNL and occasionally went to LBNL. I would bust a gut laughing every time I saw that sign entering the city. Aside from all sorts of research, there are smoke alarms (as others have pointed out), chemo radiological drugs, radiological treatments, medical diagnostic equipment, the list goes on. Not to mention the fact that the feds would not even blink at the idea of transporting weapons or weapons components through there if they needed to.

This is a classic example of feel good legislation passed by clueless bureaucrats. Fortunately it has no effect on anything except to cast doubt on all legislation by that body.

hill billy
03-18-2010, 1:39 PM
I wonder if anyone uses smoke detectors in Berkeley.

Heh.

Or Exit signs in their buildings.

IrishPirate
03-18-2010, 1:43 PM
nothing but peace and love in Berkely folks.......peace and love is all you ever need!!! :rolleyes:

speedjunkie
03-18-2010, 3:37 PM
I wonder how long this "ban" has been in place. When I was going to school there, I would have been in a lot of trouble...if anybody in the dorms had said anything. :rolleyes:

0321jarhead
03-18-2010, 3:47 PM
Today, actually 2007, Berkeley cops have been issued the Smith & Wesson M&P .40 cal. They are pretty good people under the badge there. And they really do not like those transients that hang around and sit on there butts. They are fair and have very good control of themselfs. They really think its funny when somebody my age (unknown) acts or still lives that hippie life. And those college kids got there thumb up where the sun don't shine. Silver spooners. Thanks for allowing me to vent. Personally I hate Berkeley for it is full of dumb a**' LIBERALS.

sepiid
03-18-2010, 3:56 PM
i read the ordinance just for fun, i know it holds no water but read this part

13.74.050 Inspection warrants.

A. The City may take all lawful steps to investigate suspected violations of this chapter, and where necessary may petition the magistrate of a court of record for an inspection warrant as provided for in Title 13, Code of Civil Procedure, Section 1822.50 -1822.59.

B. Where a semi-automatic weapon or weapons have been found to be located at any place, dwelling, structure, premises or vehicle within twelve months prior to the enactment of this chapter, and the person in possession of such semi-automatic weapon or weapons fails upon the City’s request to offer satisfactory proof that it has been disposed of in accordance with this chapter, it may be presumed for purposes of the issuance of the inspection warrant that such person continues to possess such weapon or weapons. (Ord. 5909-NS § 5, 1989)

Aleksandr Mravinsky
03-18-2010, 7:28 PM
How do you prove that you don't have something? Wouldn't it be the burden of the court to prove that you do have a semi-automatic firearm?

JDay
03-18-2010, 10:15 PM
I wonder if anyone uses smoke detectors in Berkeley.

Heh.

You can get smoke detectors that don't have a radioactive element in them.

Photoelectric Smoke Detectors (http://www.orgonelab.org/cart/ysmoke.htm)

Adehtla
03-18-2010, 10:37 PM
You can get smoke detectors that don't have a radioactive element in them.

Photoelectric Smoke Detectors (http://www.orgonelab.org/cart/ysmoke.htm)

Don't encourage them :-\