[nobody_special]

I have a job offer in Berkeley which I may have to take... I'm in NM now. To be safe, I thought I'd look up the municipal codes, and found this.

Chapter 13.74
BAN ON SALE AND POSSESSION OF SEMI-AUTOMATIC WEAPONS
Sections:
13.74.010 Findings.
13.74.020 Definitions.
13.74.030 Sale or possession of semi-automatic weapons prohibited.
13.74.040 Remedies--Not exclusive.
13.74.050 Inspection warrants.
Section 13.74.010 Findings.
The council finds as follows:
A. The increasing incidence of violence in the City of Berkeley has included shootings employing semi-automatic weapons, resulting in the killing and wounding of innocent bystanders, children, and other law-abiding citizens.
B. The proliferation and use of such weapons poses a serious threat to the health, safety, welfare, and security of the citizens of Berkeley.
C. The use of such weapons has seriously disrupted the tranquility of life for the citizens of Berkeley, many of whom now live in fear for their personal safety.
D. By their design, semi-automatic weapons are of limited use for recreation, hunting, target practice or other legitimate sport activity but are primarily intended to cause indiscriminate harm, injury and death to human beings.
E. Because of the proliferation of incidents in which such weapons have been used to kill and injure Berkeley citizens, this chapter is urgently needed for the immediate protection of the public peace, health and safety. (Ord. 5909-NS § 1, 1989)

Section 13.74.020 Definitions.
A. For purposes of this chapter, the term "semi-automatic weapons" means any semi-automatic action rifle or carbine with a barrel of sixteen inches or more, which accepts a detachable magazine with a capacity of more than five rounds, which fires a single projectile for each single pull of the trigger, including but not
limited to the following weapons, their copies, or weapons manufactured to reasonably resemble: AR-15 semi-automatic assault rifles, AR- 180 semi-automatic assault rifles, Uzi semi-automatic assault rifles or carbines, Ingram Mac-10 semi-automatic assault carbines, Ingram Mac-II semi-automatic assault carbines, Heckler and Koch 93 semi-automatic assault rifles, Heckler and Koch 91 semi-automatic assault rifles, Heckler and Koch 94 semi-automatic assault carbines, AKS-47 semi-automatic assault rifles, AKM-47 semi-
automatic assault rifles, Avtomat Kalashnikov weapons of all varieties, M1-A semi-automatic assault rifles, M1 semi-automatic carbine, Thompson semi-automatic carbines, Auto Ordinance semi-automatic carbines of all varieties, and Fox-45 semi-automatic carbine.
B. For purposes of this chapter, the term "person" means any individual, corporation, company, association, firm, partnership, club, or society.
C. Notwithstanding anything in this section to the contrary, the term "semi-automatic weapon" shall not include any weapons, the sale or possession of which is expressly authorized by or which is required to be licensed or registered under state law, including but not limited to Penal Code Section 12200 ("machine gun"), Sections 12021 and 12025 (pistol, revolver or other firearm which is capable of being concealed upon one's person), Section 12020(b)(1), (5), (7), (8), (9), (10), (11), and/or (12) (including antique or relic firearm, or movie prop), Section 12020(c) (short-barreled rifle or shotgun), or Section 12031 (carrying a loaded firearm in a public place or a vehicle.) (Ord. 5909-NS § 2, 1989)

Chapter 13.74
Section 13.74.030 Sale or possession of semi-automatic weapons prohibited.
A. Except as herein provided, no person shall sell, offer or display for sale, give, manufacture, lend or transfer ownership of, or possess any semi-automatic weapon, as herein defined, within the City of Berkeley.
B. So as to facilitate the orderly disposition of the weapons covered by this chapter, any individual or entity within the City of Berkeley in possession of such weapons upon the effective date of this chapter shall have fifteen calendar days to remove said weapon from within the City limits, or to transfer title and possession of such weapon either to a dealer licensed pursuant to Article 4 of the California Penal Code (commencing at Section 12250), or to the City of Berkeley Police Department.

C. The provisions of this section shall not apply to:
1. The acquisition, possession, or disposition of semi-automatic weapons, as herein defined, by any police department, sheriff's office, marshall's office, the California Highway Patrol, and any other federal, state and local law enforcement agency personnel who use such weapons in the discharge of their official duties,
or by full-time officers, employees or agent thereof when on duty and for whom the use of semi-automatic weapons is within the scope of their duties.
2. To the possession of any semi-automatic weapon, as herein defined, by any federal, state or local museum, historical society or institutional collection which is open to the public, provided that such weapon is properly housed, secured from unauthorized handling, and is unloaded. (Ord. 5909-NS § 3, 1989)

Section 13.74.040 Remedies--Not exclusive.
A. The remedies provided under this chapter are in addition to any the City or any person might have under applicable law.
B. The violation of this chapter shall be a misdemeanor.
C. Any person found to be in possession of any semi-automatic weapon, as herein defined, within the City of Berkeley, except as herein provided, shall be liable to the City of Berkeley for a civil penalty of five thousand dollars per day for each such weapon possessed, not to exceed a maximum of fifty thousand
dollars per weapon. The City Attorney may bring a civil action under this section for injunctive and other relief. All payments under this section shall be used exclusively for the purpose of enforcing the provisions of this chapter or for enforcing State of California narcotics, controlled substances, and related statutes.
D. Any semi-automatic weapon which is seized under this ordinance, following the provision to the owner of reasonable notice and an opportunity to be heard, may be destroyed as contraband. (Ord. 5909-NS § 4, 1989)

Section 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)

[technique]

I spit in Berkeley's general direction!!!!!!!

[SemiAutoSam]

Ill do it one better.

I #2 in Berkeley's general direction!!!!!!!

How can they get away with this ?

If Frisco cant do a Handgun ban how can they get away with this BS ?

Originally Posted by technique

I spit in Berkeley's general direction!!!!!!!

[Librarian]

Seems like Berkeley's very own aw-ban.

It's probable, I think, that the section might be invalid.

In Doe v. City and County of San Francisco, 186 Cal. Rptr. 380 (Cal. Ct. App. 1982), the Court of Appeal of California held that Gov't Code § 53071 and Penal Code § 12026 expressly preempted a local ordinance banning the possession of handguns. Because the ordinance contained an explicit exception for concealed weapons licensees, the court found that the measure had the effect of creating a new class of persons who would be required to obtain a license in order to possess a handgun in their home or place of business. Id. at 384. The court also stated that:

If we were to find in the San Francisco Handgun Ordinance no "licensing" requirement within the express wording of Government Code section 53071 and Penal Code section 12026, we would still reach the conclusion that state law preempts the San Francisco ordinance under the theory of implied preemption. It is at least arguable that the state Legislature's adoption of numerous gun regulations has not impliedly preempted all areas of gun regulation. However, we infer from Penal Code section 12026 that the Legislature intended to occupy the field of residential handgun possession to the exclusion of local governmental entities. A restriction on requiring permits and licenses necessarily implies that possession is lawful without a permit or license.

and Government Code is

53071. It is the intention of the Legislature to occupy the whole
field of regulation of the registration or licensing of commercially
manufactured firearms as encompassed by the provisions of the Penal
Code, and such provisions shall be exclusive of all local
regulations, relating to registration or licensing of commercially
manufactured firearms, by any political subdivision as defined in
Section 1721 of the Labor Code.

53071.5. By the enforcement of this section, the Legislature
occupies the whole field of regulation of the manufacture, sale, or
possession of imitation firearms, as defined in Section 12550 of the
Penal Code, and that section shall preempt and be exclusive of all
regulations relating to the manufacture, sale, or possession of
imitation firearms, including regulations governing the manufacture,
sale, or possession of BB devices and air rifles described in
subdivision (g) of Section 12001 of the Penal Code.

Now, since those are not handguns in Berkeley's ordinance, and the text clearly excludes licensing and registration -

. Notwithstanding anything in this section to the contrary, the term "semi-automatic weapon" shall not include any weapons, the sale or possession of which is expressly authorized by or which is required to be licensed or registered under state law,

it might take a lawsuit to get it definitively thrown out.

LCAV does not have anything else to add, so the issue of how much is preempted by the State is apparently not settled; I'd visit my friendly California gun-rights attorney and ask.

In the meantime, plan to live outside of Berkeley, unless required otherwise.

[Wulf]

Have you ever been to Berkeley? Its a not stop socialist freak show. I'd rather drive a garbage truck in North Dakota than be the party chairman of berkeley.

[CCWFacts]

State preemption was supposed to prevent this type of patchwork of restrictions. I assume their ban is not valid or enforceable, but I also wouldn't encourage anyone to risk being a test case.

[berto]

Take the job and don't live in Berkeley. I've never heard of this law before but it's not a surprise. It's also ineffective. I might know some people who aren't in compliance.

[EastBayRidge]

You know, you don't have to actually LIVE in Berkeley...

[Bizcuits]

Stay in New Mexico, nothing in California is worth giving up your freedom.

[mymonkeyman]

If this was challenged in court it would almost assuredly be struck down for the same reason that all of SF's gun laws have. It's funny, it's like they realize it's invalid when they say "Notwithstanding anything in this section to the contrary, the term "semi-automatic weapon" shall not include any weapons, the sale or possession of which is expressly authorized by or which is required to be licensed or registered under state law."

P.S. If you choose to work in Berkeley, DO NOT LIVE IN BERKELEY. Housing is more ridiculously expensive than other already ridiculously expensive houses in the Bay Area. Also, the city is going deeper in the crapper, as the city council is extremely incompetent (not just the Marines thing, but day-to-day they refuse to fix any problem because it wouldn't be politically-correct). If you really like the job, I recommend living somewhere like Fremont, or Union City (the last decent places to leave in Alameda County) or Contra Costa County. The choices along the Yellow BART line are much better than living in or near Berkeley (if getting your car/house broken into constantly, accosted by Homeless, Pimps, Prostitutes, or generally getting stabbed or shot at, isn't your thing). Plus you can take BART to work.

[odesskiy]

Just out of curiosity, what kind of job are you getting?

[Alan Block]

Concord, Walnut Creek, Antioch, Hayward, Castro Valley (close to the Chabot range), Pleasenton, Livermore. Lots of Bay area workers live in Stockton - Modesto because its much cheaper.

[mymonkeyman]

Originally Posted by Alan Block

Concord, Walnut Creek, Antioch, Hayward, Castro Valley (close to the Chabot range), Pleasenton, Livermore. Lots of Bay area workers live in Stockton - Modesto because its much cheaper.

Remove Hayward from that list and you're pretty dead on. The hills of Hayward are okay-ish (like Oakland hills), but the lowlands aren't that much better than Oakland's lowlands. I can't count the number of times I've heard drivebys. Plus not many good restaurants , etc. Plus lots of cars get broken into, and tons of drug dealers.

[Juliet Lima]

Hayward? Really?

don't move to hayward. just my $.02. I live in Fremont and my parents live in hayward. i don't spend much time there. rather just have mom and pops over to visit the grandkids than go to hayward.

[dreyna14]

Berkeley. I hate that piece of city more than anywhere else. Bunch of washed up hippy pansy douchebags. If that city sank into the ocean taking everyone with it, I would run around my house cheering like a little girl at a Hannah Montana show.

[Gryff]

Originally Posted by technique

I spit in Berkeley's general direction!!!!!!!

I spit in their specific direction...every time I pass the city on my way to the Richmond R&GC range. The only reason I ever go into that city is for REI, and I would rather go to Fremont's whenever possible.

I think we should have solved two problems at once in 2002...by dropping Berkeley on Afghanistan.

[RP1911]

They don't call it Bzerkley for no reason

[mecam]

Originally Posted by nobody_special

Chapter 13.74
BAN ON SALE AND POSSESSION OF SEMI-AUTOMATIC WEAPONS
Sections:
13.74.010 Findings.
13.74.020 Definitions.
13.74.030 Sale or possession of semi-automatic weapons prohibited.
13.74.040 Remedies--Not exclusive.
13.74.050 Inspection warrants.

Section 13.74.030 Sale or possession of semi-automatic weapons prohibited.
A. Except as herein provided, no person shall sell, offer or display for sale, give, manufacture, lend or transfer ownership of, or possess any semi-automatic weapon, as herein defined, within the City of Berkeley.
B. So as to facilitate the orderly disposition of the weapons covered by this chapter, any individual or entity within the City of Berkeley in possession of such weapons upon the effective date of this chapter shall have fifteen calendar days to remove said weapon from within the City limits, or to transfer title and possession of such weapon either to a dealer licensed pursuant to Article 4 of the California Penal Code (commencing at Section 12250), or to the City of Berkeley Police Department.

C. The provisions of this section shall not apply to:
1. The acquisition, possession, or disposition of semi-automatic weapons, as herein defined, by any police department, sheriff's office, marshall's office, the California Highway Patrol, and any other federal, state and local law enforcement agency personnel who use such weapons in the discharge of their official duties,
or by full-time officers, employees or agent thereof when on duty and for whom the use of semi-automatic weapons is within the scope of their duties.
2. To the possession of any semi-automatic weapon, as herein defined, by any federal, state or local museum, historical society or institutional collection which is open to the public, provided that such weapon is properly housed, secured from unauthorized handling, and is unloaded. (Ord. 5909-NS § 3, 1989)

So by looking at Section 13.74.030, Am I violating the city's code by driving thru Berkley with a semi auto weapon? I sometimes cut thru Berkley coming from Chabot shooting range.

[Wulf]

Arguing about which part of the bay area is ok to live in is like arguing about which end of a dog turd is most edible.

[RP1911]

Originally Posted by mecam

So by looking at Section 13.74.030, Am I violating the city's code by driving thru Berkley with a semi auto weapon? I sometimes cut thru Berkley coming from Chabot shooting range.

No.

[M. Sage]

Originally Posted by mecam

So by looking at Section 13.74.030, Am I violating the city's code by driving thru Berkley with a semi auto weapon? I sometimes cut thru Berkley coming from Chabot shooting range.

There's not much going around Berkeley, if you drive on 580, you're entering their city limits. So going to Richmond Rod and Gun from, say, Pacifica with a Garand would violate their laws.

Hey, wait.... I've done that!

[nobody_special]

Wow, lots of replies. Thanks for the advice on where to look, I'd already figured on the Walnut Creek area for other reasons (esp. earthquakes). The offer is for a temporary academic job at UC Berkeley. I just interviewed for an even better job in Virginia but I won't hear anything from them for a week or two, and I have to decide about the Berkeley job now. Unfortunately, I don't think I can put things off, so I'll probably have to take the offer I have.

By my reading, merely driving through Berkeley with a semi-auto rifle would be a violation of the code.

[EastBayRidge]

Live in unincorporated Contra Costa and don't worry about silly municipal codes !

[Alan Block]

I go up regularly for visits. What the h*ll happened? Alameda used to be crap city and El Cerito was nice. Now it's backwards!

[sargenv]

Rodeo, Pinole, Hercules, and Crockett are all pretty good areas. There are bad parts of Rodeo (near the refinery) but they are usually pretty good bedroom communities. Depending on your work hours, commute to Berkeley could be 15 mins or an hour + since I80 is most congested through there. Housing prices have come down about 25% since about last year, but they are about as high as anywhere else. And you are 10-15 mins from Richmond Rod and Gun, 20 mins from USI, and about 45 mins from Chabot (with no traffic).

[Gryff]

Originally Posted by M. Sage

There's not much going around Berkeley, if you drive on 580, you're entering their city limits. So going to Richmond Rod and Gun from, say, Pacifica with a Garand would violate their laws.

I am not a lawyer, but I would guess that this would be unenforceable. Not only is it a recognized interstate freeway, but it is also State property and not subject to Berkeley's municipal code whims (i.e. "Limit freeway speeds to 15MPH because the noise harmonics enhance U.S. Navy sonar waves that are harming whales in the western Pacific Ocean.")

But nonetheless, it gives me another reason to laugh and wave (at least with one finger) as I pass through.

-Jim

[GenLee]

Welcome to Californistan, and socialist hell. This must be one terrific job offer youve got or frankly, Id stay in the free state of NM.

[Ironchef]

Yep, go live down Creekside Drive in Walnut Creek like everyone else. Nice, quiet, least expensive area of Walnut Creek, picturesque, real close to everything. I've lived down there a couple times...now I live in a condo in the ****hole that is Antioch and I'm crying for not staying on Creekside! lol

Pleasant Hil is nice too, if you can get near BART. Concord near BART isn't very nice, but Concord has nice places away from the BART lines. You could also live in Martinez and save money...but you'd have to drive to BART..which is cool because the North Concord/ Martinez BART station is probably the only station you can park at after 8am and find a space! It has empty spaces most of the day.

[CCWFacts]

I must defend Berkeley. It's a great town (north of the university). North Berkeley is beautiful. There are so many good restaurants and cafes there. The city government is insane, yes, but it is a good town to be in.

I also like Oakland. Oakland gets a bad rap because parts of it are bad. But there are also some great areas to live in.

Walnut Creek is another good East Bay choice, more suburban and conservative.

[muntz]

I work for the UC system and I've seen all the pay scales. I hope you can really stretch a dollar cause dollars get spent much faster in CA than any other place I've lived. Unless this is a tenure track position I'd keep looking elsewhere, it just isn't worth it. What ever they are offering you cut it in half and ask your self if you can live on that in your current city. Also figure in tons of gas/driving and parking permits.

But alas...my sentence (wife's career objectives in CA) will be up in about 4 more years...

[Glock22Fan]

Unfortunately, I don't think I can put things off, so I'll probably have to take the offer I have.

Take the job offer if you have to. If you then get a better job offer, give Berkley the finger. Don't feel bad about this, the reverse happened to my friend (he gave up a good job for a good offer, made an offer on a new house, told his old bosses what he really thought of them and then got a letter saying that they (the new firm) had changed their minds, please find enclosed one month's pay in compensation.)

If this happens, do us a favor. Tell Berkely that you have decided to pass on their offer because they are a load of anti-gun, un-American (fill in your own insults here).

[nobody_special]

Glock22Fan, it's not Berkeley per se that I'd be screwing over, it's a specific professor; he's a good guy and I don't want to burn that bridge for good reasons.

[Gryff]

Originally Posted by Glock22Fan

If this happens, do us a favor. Tell Berkely that you have decided to pass on their offer because they are a load of anti-gun, un-American (fill in your own insults here).

Or tell them that you pass because they are inappropriately selective of which Constitutional rights they choose to respect ("Gee...we like the First Amendment but not the Second. We like freedom and democracy, but we hate the military that won those priniciples for us.").

[Gryff]

Originally Posted by CCWFacts

I must defend Berkeley. It's a great town (north of the university). North Berkeley is beautiful. There are so many good restaurants and cafes there. The city government is insane, yes, but it is a good town to be in.

I also like Oakland. Oakland gets a bad rap because parts of it are bad. But there are also some great areas to live in.

Walnut Creek is another good East Bay choice, more suburban and conservative.

CCWFacts,

Assuming you have a CCW, how did you manage to get that with a Berkeley residence address? I ask because your signature says "you can get a CCW in California."

-Jim

[CCWFacts]

I'm not a Berkeley resident, and the signature says *you*, not *I*. I don't live in Berkeley but I do live in a no-issue region. My signature should be interpreted to mean a) many people in this state do live in areas where there is some issuance, but aren't aware of it and b) we can all improve issuance if we active in it. "You can" doesn't have a time frame. I don't mean to imply that there's some magical way residents of LA or SF etc can get issued. There isn't. Unfortunately, many people in the reasonable-issuance parts of this state would like CCWs but aren't even aware of them. That's the low-hanging-fruit that we should change. And for people like me, in the no-issuance areas, we need to get even more active, and work on sheriffs' elections, city council elections, and legislative elections. Lawsuits are the other option we have for making progress here. It will not be quick or easy.

[Jared D]

And lets not forget the attempt to run Marine recruiters out of town a couple weeks ago. After the national spotlight was on them as well as a good deal of public outrage they backed down, or at least most did. What can you say about Berkly, its a liberal mecca.

[low94noma]

Berkley is making BS laws to try and curb violence...They should rather give the hard working, honest citizens a CCW to protect themselves with...Im sure some of those punks wont mess with grandma without knowing whether or not shes packing....And for a place to move, San Ramon, Concord, Walnut Creek are really nice, San Ramon is a well kept up area by far.....

[Glock22Fan]

...Im sure some of those punks wont mess with grandma without knowing whether or not shes packing....

I've said it before and I'll say it again. I challenge anyone, anti-gun or not, to show me a case where thugs have robbed a little old lady who happened to be openly carrying a shotgun.

[CSACANNONEER]

There are Federal Laws that allow you to transport your legally owned gun from where it is legal to where it is legal even if, passing through somewhere where your gun is not legal. Does that make sence? It would be like transporting a NFA registered FA weapon from AZ to OR and driving it through CA. It is perfectly legal but, there are some rules to follow.

[rkt88edmo]

Pay close attention to the comments about the salary not being as high as it seems. You should post here how much you expect to pay for rent....and here about what that will get you in different areas.

I would definitely recommend living close to BART - driving to campus is not an option - you will not find parking. The other option is to live within bicycling distance of campus if you are so inclined. BART will cost you about 5$ a day just to get to campus. So figure that in your living expenses too.