Wow, a Cali court actually applied the law! Bravo!
This is a discussion on 2nd Amendment 2 anti freedom 0: SF Gun Ban Null & Void :MERGED within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; http://www.sfgate.com/cgi-bin/articl...C21G.DTL&tsp=1 Appeals court won't reinstate S.F. handgun ban Bob Egelko, Chronicle Staff Writer Wednesday, January 9, 2008 Printable VersionEmail This Article del.icio.us Digg Technorati Reddit ...
Appeals court won't reinstate S.F. handgun ban
Bob Egelko, Chronicle Staff Writer
Wednesday, January 9, 2008
Printable VersionEmail This Article del.icio.us
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Times New Roman
(01-09) 11:53 PST SAN FRANCISCO - A state appeals court refused today to revive a ban on handgun possession in San Francisco, saying the measure that city voters approved in November 2005 conflicts with state law.
The First District Court of Appeal in San Francisco agreed with a June 2006 ruling by Superior Court Judge James Warren, who said local governments in California have no authority to prohibit handguns. Warren said a California law that authorizes police agencies to issue concealed-weapon permits implicitly forbids a city or county to ban handgun possession by law-abiding adults.
The San Francisco measure, Proposition H, would have outlawed possession of handguns by all city residents except law enforcement officers and others who needed guns for professional purposes. It also would have forbidden the manufacture, sale and distribution of any type of firearms and ammunition in San Francisco.
Prop. H was challenged by the National Rifle Association, which sued on behalf of gun owners, advocates and dealers the day after voters passed the measure, 58 percent to 42 percent. Enforcement has been suspended since the suit was filed.
In today's 3-0 ruling, the appeals court cited its own 1982 decision overturning a San Francisco ordinance that prohibited handgun possession within city limits.
Sponsors of Prop. H had hoped to comply with that ruling by drafting a narrower measure that applied only to San Francisco residents. But the court said the 1982 decision properly interpreted state law as "depriving local entities of any power to regulate handgun possession on private property."
The court declined San Francisco's request to allow the city to enforce the ban on the manufacture or sale of rifles and shotguns, saying the city must first rewrite the ordinance to narrow its scope.
Noting the existence of state gun laws, Presiding Justice Ignazio Ruvolo said, "When it comes to regulating firearms, local governments are well advised to tread lightly."
The ruling can be read at links.sfgate.com/ZCAF.
E-mail Bob Egelko at email@example.com.
Wow, a Cali court actually applied the law! Bravo!
Hopefully it becomes a moot issue later in the year via Heller v. DC.
"A well regulated Militia, being necessary to the security of a free State, the right of the PEOPLE to keep and bear Arms, shall not be infringed."
S.F. can still appeal to the US Supreme Court can't they?
Happy for the courts ruling!!!
Ruger LC9 (when the girlfriend lets me carry her gun)
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Quote:"The San Francisco measure, Proposition H"
Sounds like PREPARATION H to me.
Now that's what I call definitiveIn today's 3-0 ruling
Chris - P95
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is like owning a piano and assuming that you are a musician!."
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Who needs guns in S.F. ...isn't everyone dancing in the streets anyway?
On a serious note...I'm glad the court delivered the vaseline covered order back to the S.F. city government...
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already. always nice to hear that kind of news!
now only we could sue states that didnt allow concealed carry on the basis of... oh gee, i donno, maybe going against the constitution?
Wow!! A ruling like this out of CA, I am amazed. This is very good news though.
DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.
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The case has very little to do with guns, and has everything to do with authority and accountability/deference to authority. The issue is whether or not local government has the authority to enact legislation running contrary to state government. No federal or Supreme Court issue here. Nice to see Cali trying out the "rule of law" thing, though. Hope it works out for them.
Just received this from the NRA...
January 9, 2008
San Francisco Gun Ban Ruled Null and Void
NRA Wins Big in California State Court of Appeals
Fairfax, VA - The California State Court of Appeals announced today their decision to overturn one of the most restrictive gun bans in the country, following a legal battle by attorneys for the National Rifle Association (NRA) and a previous court order against the San Francisco Board of Supervisors.
"Today's decision by the California State Court of Appeals is a big win for the law-abiding citizens and NRA Members of San Francisco," declared Chris W. Cox, NRA's chief lobbyist.
In 2005, NRA sought an injunction against the San Francisco Board of Supervisors to prevent them from enacting one of the nation's most restrictive gun bans. NRA won the injunction, but the City's mayor and Board of Supervisors ignored the court order and approved a set of penalties, including a $1,000 fine and a jail term of between 90 days and six months, for city residents who own firearms for lawful purposes in their own homes.
"We promised our California NRA members in 2005 that we would fight any gun ban instituted by the San Francisco Board of Supervisors, and we haven't given up that fight," continued Cox. "Today we see our second win for the Second Amendment against the San Francisco gun ban. We beat them once in court and the City's attorney appealed based on his personal disagreement with the court's first decision to overturn the ban. Now we've beaten them again. The California State Court of Appeals has upheld the state preemption law."
Today's decision came in the form of a 3-0 opinion in favor of the lower court ruling overturning the gun ban.
"This decision is a thoughtful and well-reasoned legal opinion," concluded Cox. "I'd like to thank our approximately 4 million members, including the hundreds of thousands of members in California, for their continued commitment to protecting our cherished freedoms."
Established in 1871, the National Rifle Association is America's oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.
That's good news, being here in the Philippines I tend to lose track of whats going on back home. I was living in Fremont, CA ( not far from SF ) when all that happened. Thanks for posting.
Politicians are like diapers, they should be changed often and for the same reason. ~ Robin Williams ~
That's awesome! Now let's see if the SF leaders pull a Nagen......IGNORE IT AND DO IT ANYWAY!
BE PREPARED - Noah didn't build the Ark when it was raining!
Si vis pacem, para bellum
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