Appeals court rules San Francisco gun ban null and void.

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mekender

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(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.
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http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/01/09/BAQIUC21G.DTL
 
The San Fran Gun Ban was killed - what ?? A year and a half ago?? And all this time since then they've been appealing in the courts? Just goes to show how determined and relentless our opposition can be, and we have to match that with an even greater effort.
 
Score one for the good guys, but you know they will try to come at this another way. Wouldn't surprise me if they go after ammo possesion with some kind of silly ordinance about "explosives within city limits". Gavin Newsome is a pure p***s. :mad:
 
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.
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Where are all the California guys that were whining a week or 2 ago about how the NRA has abandoned California and it's not fair and they are ignored and ... and... and...
 
http://www.nraila.org/News/Read/NewsReleases.aspx?ID=10468

the NRA press release

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.”
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Are you sure it was the NRA? You might be confusing the remarks that we had about the GOC and CRPA.

Take a look at CalGuns.net and you'll see how the guys there and the NRA work together to get stuff done. Most people have written off the GOC and CRPA as all they seem to do is cause more problems then do good.

What a great way to start the year off.:cool:
 
Cougfan2 writes:

Score one for the good guys, but you know they will try to come at this another way. Wouldn't surprise me if they go after ammo possesion with some kind of silly ordinance about "explosives within city limits". Gavin Newsome is a pure p***s.

--------------------

The antis likely will not give up, and neither can/should our side. This is a battle that must be fought again and again, or at least till the other guys surrender, a situation that I for one do not see happening.
 
Actually is the "State Court of Appeals" the highest court? Or can SF appeal it again to a higher court? I do remember NRA immediately sued.

Good job NRA, and good thing California has even a weak preemption law-only wish Illinois had something like that.
 
Are you sure it was the NRA? You might be confusing the remarks that we had about the GOC and CRPA.
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No, I'll see if I can find the thread. It has only been a couple of weeks.

It wasn't you I know for sure. It was in one of the standard "GOA vs NRA" thread we had when HR2640 was being talked about.
 
NRA: San Francisco Gun Ban Ruled Null and Void

http://www.nraila.org/News/Read/NewsReleases.aspx?ID=10468

http://www.stopsanfranban.com/

San Francisco Gun Ban Ruled Null and Void

Wednesday, January 09, 2008


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.”

-nra-

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.
 
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Well, gosh durn it! All them there fellers on the internet forums done told me that the NRA doesn't do anything but pay for Wayne La Pierre to drive a nice car and wear fancy suits. You boys tryin' to tell me they's all wrong????:)


NRA Life Member
 
The antis likely will not give up, and neither can/should our side. This is a battle that must be fought again and again, or at least till the other guys surrender, a situation that I for one do not see happening

When we lose a fight, we begin lose our guns, our possessions, our hobbies, our passions, our rights, etc. etc. If the anti's lose a fight, they've lost nothing. Thus, it's easy for them to continue to roll the dice as often as they wish, because they have nothing to lose, except maybe their "feelings of safety". Silly dunderheads, if they were smart, they'd realize that gun control and gun bans DO NOT increase their safety. But to them, it's all about "feelings" for the most part.
 
There's still an ember of freedom glowing in the gun rights furnaces of California. I suggest you guys get in there with a bellows, add some kindling to the ashes, and get that ember to glow a little hotter. How do you do that? I can't tell you. All I can do is suggest. Of course, in Minnesota, we're not that much behind you when it comes to how much of our gun rights we've surrendered already, so maybe my suggestions aren't worth all that much.
 
Gee, I just checked the Brady web site and there isn't a thing on there about this. Curious.

What are the lyrics from that one song?

Tomorrow I might go as far as suicide,

But I'm not gonna let bother me tonight.

They don't like to put losses up on their own score card, apparently. This demoralizes them and makes them "FEEL" bad. To them, feelings are everything. For us pro gun rights people, losses make us mad and we tend to want everyone to know it. That way we can rile up more of us to do grass roots work. Don't let the Brady Bunch and the VPC in our secret, though.
 
I don't think SF will be able to overturn this appeal, nor do I think they now want to push it.

They got their antigun credits for the attempt and can now just blame "bad state law".

The NRA spent $$$ of money in this case and I suspect NRA's lawyers didn't bill at full rate/full hours either.

This case was less about SF ban itself than reinforcement of (and refuting a challenge to) CA's state preemption laws.


Bill Wiese
San Jose
 
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