California court uses technicality to support Constitutional rights

It shouldn’t be news, but it is: a Court of Appeal in California held that San Francisco cannot unilaterally make itself a little gun free oasis by the Bay:

San Francisco’s ban on handguns, blocked by a legal challenge since voters approved it in November 2005, suffered a possibly fatal blow Wednesday when a state appeals court ruled that local governments have no authority under California law to prevent people from owning pistols.

The First District Court of Appeal in San Francisco agreed with a June 2006 ruling by Superior Court Judge James Warren, who said state laws regulating gun sales, permits and safety leave no room for a city or county to forbid handgun possession.

State courts have upheld some local restrictions, including prohibitions on the sale or possession of guns on public fairgrounds, Presiding Justice Ignazio Ruvolo noted in the 3-0 ruling. But in general, “when it comes to regulating firearms, local governments are well advised to tread lightly,” he wrote.

San Francisco’s ban was challenged by the National Rifle Association, whose lobbyist Chris Cox called Wednesday’s ruling “a big win for the law-abiding citizens and NRA members of San Francisco.”

Alexis Thompson, spokeswoman for City Attorney Dennis Herrera, said the ruling was disappointing, “particularly in light of the continuing plague of handgun violence here in San Francisco.”

The city could ask the state Supreme Court to review the case. History would not be on the city’s side, however, as the state’s high court refused to review a 1982 ruling by the same appeals court striking down an earlier San Francisco ordinance that prohibited handgun possession in the city limits.

Drafters of the 2005 measure, Proposition H, sought to comply with the 1982 ruling by limiting the handgun ban to San Francisco residents. The ordinance allowed only law enforcement officers and others who needed guns for professional purposes to possess handguns.

It also prohibited the manufacture, sale and distribution of any type of firearms and ammunition in San Francisco.

Prop. H was approved by 58 percent of the voters but was challenged by the NRA a day after the election in a suit on behalf of gun owners, advocates and dealers. The proposition has never taken effect.

Read the rest of this article here.

One Response

  1. To the Left, there is actually such a thing as “handgun violence”. It seems that if you can attach a descriptor to violence and make it a unique kind, this then means you can target it and solve it. Such things as “terrorist violence” can be solved with so and so, compared to “handgun violence” that must be solved using the same principles, applied differently. In the former, it is the solved through economic bribes and lawfare appeasements. In the latter, It is solved through Leftist re-engineering of society through their laws.

    The underlying truth that they seek to cover up is that violence is not separated into different kinds. The Marine that gets shot and killed at a wedding here at home by gang bangers is just as dead as if he had gotten sniped/ambushed/IEDed in Iraq, Book.

    The difference is that once in a civilian environment, you can’t count on your military buddies to express maximum firepower in order to evacuate your body to medical attention.

    Nor are you particularly armed and armored. None of this changes how violence is done well. None of this changes violence so that there is a war war violence and a handgun in cities violence.

    The Left’s ability to compartamentalize their minds is quite amazing. If they ever chose to put such an ability to the service of humanity, we would benefit greatly by their charity. Until then, Leftist advice should be ignored and their activities actively curtailed, for the good of us all. Violence will stop when everyone is good at it. The fact that the Iraqis in Al Anbar started learning how to shoot worth a damn and coincidentally terrorist attacks went down, should be a hint.

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