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Judge overturns San Francisco weapons ban

Discussion in 'Legal' started by 71Commander, Jun 12, 2006.

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  1. 71Commander

    71Commander Member

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    http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2006/06/12/state/n154229D74.DTL&type=politics


    (06-12) 16:38 PDT San Francisco (AP) --

    A state trial judge sided Monday with the National Rifle Association in overturning a voter-approved city ordinance that banned handgun possession and firearm sales in San Francisco.

    Measure H was placed on the November ballot by the San Francisco County Board of Supervisors, who were frustrated by an alarmingly high number of gun-related homicides in the city of 750,000. The NRA sued a day after 58 percent of voters approved the law.

    In siding with the gun owners, San Francisco County Superior Court Judge James Warren said a local government cannot ban weapons because the California Legislature allows their sale and possession.

    "My clients are thrilled that the court recognized that law-abiding firearms owners who choose to own a gun to defend themselves or their families are part of the solution and not part of the problem," NRA attorney Chuck Michel said. "Hopefully, the city will recognize that gun owners can contribute to the effort to fight the criminal misuse of firearms, a goal that we all share."

    The ordinance targeted only city residents, meaning nonresidents in the city or even tourists were not banned from possessing or selling guns here.

    Warren's decision was not unexpected. In 1982, a California appeals court nullified an almost identical San Francisco gun ban largely on grounds that the city cannot enact an ordinance that conflicts with state law.

    But years later, in 1998, a state appeals court upheld West Hollywood's ban on the sale of so-called Saturday night specials, small and cheap handguns that city leaders said contributed to violent crime. And three years ago, the California Supreme Court ruled in favor of Los Angeles and Alameda counties, saying local governments could ban the possession and sale of weapons on government property, such as fairgrounds.

    That decision, however, did not address the issue of private property sales and possession, as outlined in the San Francisco law.

    The U.S. Court of Appeals for the District of Columbia Circuit also is considering a challenge to a similar handgun ban in the District of Columbia that alleges the law violates a Second Amendment right of individuals to bear arms.

    The NRA lawsuit here avoided those allegations.

    Matt Dorsey, a spokesman for City Attorney Dennis Herrera, whose office unsuccessfully defended the law before Warren, said the city was mulling whether it was going to appeal.

    "We're disappointed that the court has denied the right of voters to enact a reasonable, narrowly tailored restriction on handgun possession," Dorsey said. "San Francisco voters spoke loud and clear on the issue of gun violence."

    In November, San Francisco recorded its 90th homicide, up two from the previouus year.

    The case is Fiscal v. San Francisco 05-505960.
     
  2. MidnightRambler

    MidnightRambler Member

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    I'm very glad to hear this was struck down.
     
  3. Thefabulousfink

    Thefabulousfink Member

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    Huzzaahh!!!!:D
     
  4. Headless Thompson Gunner

    Headless Thompson Gunner Member

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  5. thesneakyrussian

    thesneakyrussian member

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    now someone has to file a lawsuit against chris daly and jail him for life for wasting millions of dollars of taxpayers money.
     
  6. 71Commander

    71Commander Member

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    Wonder what happens to the people's firearms who complied before a judgement?:confused:
     
  7. MidnightRambler

    MidnightRambler Member

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    I have the uneasy feeling those firearms have gone bye-bye.
     
  8. gbran

    gbran Member

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    I hear, but can't confirm that SF does not recognize CCW permits, which are state permits. I would hope somebody could bring this before the courts also.
     
  9. torpid

    torpid Member

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    Uh oh, with the ban out of the picture I'm now scared to to to SF with all those handguns still in the possession of all those law abiding gun owners there.

    You mad fools- we have just lost Utopia!!!

    .
     
  10. Live Free Or Die

    Live Free Or Die Member

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    Excellent.

    BTW, this must be very late breaking news, because it doesn't look like the mass media outlets (CNN, NBC, CBS, ABC, NYT) are running the story yet. Either that, or they don't want to report news that they don't agree with. :D

    Interestingly, just about all these news outlets have front-page stories about how a popular NFL QB got into a motorcycle accident. Because, you know, that's pretty important. :rolleyes:
     
  11. thesneakyrussian

    thesneakyrussian member

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    what are you talking about? have you been misinformed in some way? the ban never took effect by ruling of the same judge.
     
  12. thesneakyrussian

    thesneakyrussian member

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    it sucks in a way, because if it passed people in other towns with more sane (or pro-gun) residents could ignore any state-wide bans and allow to own _any_ "assault rifle" type weapons. too bad.
     
  13. thesneakyrussian

    thesneakyrussian member

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    that is not true.
     
  14. Haymaker

    Haymaker Member

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    I have a valid Calif. CCW...

    Checked with my local Sheriff's office, CCW's issued by any county sheriff or municipal CLEO are valid anywhere in the state, but in the "Urban Blighted Zones" would serve mainly as a "Get Out Of Jail" ticket chances of getting your permitted weapon BACK from the local LEO agency that lifted it (for whatever reason) are riskey:mad: One reason why I DON'T go into the City & County of San Francisco for ANY reason!:cuss:
     
  15. leadcounsel

    leadcounsel member

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    When will Denver come to its senses?
     
  16. Haymaker

    Haymaker Member

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    I have a valid Calif. CCW...

    Checked with my local Sheriff's office, CCW's issued by any county sheriff or municipal CLEO are valid anywhere in the state, but in the "Urban Blighted Zones" would serve mainly as a "Get Out Of Jail" ticket chances of getting your permitted weapon BACK from the local LEO agency that lifted it (for whatever reason) are riskey:mad: One reason why I DON'T go into the City & County of San Francisco for ANY reason!:cuss:
     
  17. 50 Freak

    50 Freak Member

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    I have a CCW and it's good in SF. Hell one good thing about having a CCW in CA is no one expects that you have it.

    So the only "no loaded firearms" signs you will ever see are at gun stores and gun shows....:fire: :fire:

    Everywhere else (unless it specifically prohibited on your permit) is fair game.
     
  18. thesneakyrussian

    thesneakyrussian member

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    as soon as Denver locals will chase all the california drifters out and use tar and feathers on the mayor and his gang.
     
  19. QuarterBoreGunner

    QuarterBoreGunner Member

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    50 Freak is correct; I've had a CCW since 1999 and it's good anywhere in the state except federal property. Check my location and see.

    Unlikely. And of questionable legality. Though the law states: Section 3: Restrictions, Part 7: While exercising the privilege (*sigh*) granted to them under the terms of this license. licensees shall not (their emphasis):
    "...(snip) Refuse to produce their license or concealed firearm to a Law Enforcement Officer for inspection, upon demand."

    And that's why the 'concealed' part of 'CCW' is so very important.
     
  20. Kim

    Kim Member

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    REASONABLE AND NARROWLY my you know what. :fire: :fire:
     
  21. gunsmith

    gunsmith member

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    I am going to call and gloat

    I am gloating right now...I will continue to gloat for a few days.
     
  22. Dmack_901

    Dmack_901 Member

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    "Reasonable and Narrow"

    Yeah, if by "reasonable" you mean unfounded, and by "narrow" you mean broad. Sure, then it works.
     
  23. Mannlicher

    Mannlicher Member

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    a "High Five" to the judge :)
     
  24. QuarterBoreGunner

    QuarterBoreGunner Member

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    ...yeah... last time I checked 58% voting yes on H, was not exactly the landslide he's making it out to be.
     
  25. 4v50 Gary

    4v50 Gary Moderator Staff Member

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    Thank you NRA and...

    Thank you you stupid politicians of SF for putting it on the ballot. You just wasted $1 mil of the taxpayer's money that could have been better spent on health care, existing overtime, reducing raw sewage dumpage into the SF Bay, road improvement, or other unimportant matters that affect the quality of life in that city.:fire:
     
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