CA to pay NRA legal fees

MikeK

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NATIONAL RIFLE ASSOCIATION
11250 Waples Mill Road, Fairfax, VA 22030
FOR IMMEDIATE RELEASE FOR INFORMATION CONTACT
August 24, 2000 (703) 267-3820

CITY OF LOS ANGELES PAYS NRA ATTORNEY'S FEES FOR ILLEGAL FIREARMS
CONFISCATION POLICIES

(Los Angeles, CA) -- Settling a federal civil rights lawsuit brought by the
National Rifle Association (NRA) and the California Rifle & Pistol
Association (CRPA) against the Los Angeles Police Department (LAPD)
(CV-98-2043-GHK), the City of Los Angeles recently agreed to pay NRA & CRPA
the fees incurred in challenging the LAPD's illegal policies in court. The
lawsuit was filed in 1998, and in January 2000 the LAPD finally adopted a
revised policy for seizing and returning firearms.

"We are pleased that the LAPD acknowledged the need to reform its policies,"
said civil rights attorney Chuck Michel. "Unfortunately, many cities in
California do not know what the law requires when it comes to taking,
keeping, or giving back firearms. If a firearm is 'evidence' in a criminal
case that's one thing. But often firearms are seized under other
circumstances, and there are procedures in place which many cities, including
Los Angeles, have been ignoring."

The state laws covering the seizure and return of firearms changed
dramatically on January 1, 2000. Many cities haven't revised their
procedures to comply with those changes. Where no specific statute applies,
cities have routinely required the individual from whom a firearm is seized
to get a court order for its return. But if a firearm is not "evidence" or
"contraband," the government has for many years been required to get a court
order to keep the property, not the other way around.

"The NRA and the CRPA support the City's ability to keep firearms out of the
hands of those prohibited by law. However, the blanket policy to not return
firearms to law abiding citizens was simply unconstitutional," said James Jay
Baker, Chief Lobbyist for the NRA.

By revising their policies, the LAPD has set up a process by which the City
Attorney can seek petitions to keep firearms only if appropriate and legal.
Otherwise the firearms must be returned to their rightful owners promptly.
 
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