For Immediate Release: 1/9/2008
In a unanimous decision today, the California Court of Appeals ruled that the City of San Francisco’s handgun ban is illegal under state law, upholding a lawsuit filed by the Second Amendment Foundation and several other groups.
“This is a great day for gun owners and civil rights in California,” said SAF Founder Alan M. Gottlieb. “This is the second time we successfully fought a gun ban in San Francisco, and what this demonstrates is that the city’s leadership is as horribly out of touch with the law as it seems to be out of touch with reality.”
SAF was joined in the lawsuit by the National Rifle Association, Law Enforcement Alliance of America, California Association of Firearms Retailers and several private citizens.
In its ruling, the court held that Proposition H, approved by voters in November 2005, is invalid as preempted by state law. Gottlieb said this was essentially the same case that SAF battled on its own 23 years ago when the city, under then-Mayor Dianne Feinstein, adopted a gun ban.
“We urged the city well in advance to drop Proposition H from the 2005 ballot, and warned them that if they pushed the measure and it passed, we would meet them in court,” Gottlieb recalled. “We kept our word, along with our colleagues at the NRA, LEAA and our friends in the CAFR.
“This has been a horrible waste of the court’s time, the city’s legal resources and the taxpayers’ money,” he added. “The only reason this case went forward after the ban was struck down by the trial court is that San Francisco Mayor Gavin Newsom and the Board of Supervisors wanted to mandate their extremist anti-gun rights philosophy as public law.
“Every judge in every court that this and the earlier case went before has sided with us,” Gottlieb stated. “This is a battle that had to be fought, and this is a ruling that we expected from Day One of our lawsuit. This wasn’t just a fight over gun rights. It was really about defeating social prejudice against gun owners; a type of bigotry made even more insidious by the fact that it was fostered and defended by a city administration whose attitude toward gun owners is anathema to American values.”
The Second Amendment Foundation (www.saf.org) is the nations oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.
I'm not sure how reliable this announcement is, I caught the link on The War On Guns and I haven't followed it up yet.
(Possible geek link)
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.