Jul 4 Sacramento
california
NRA Urges Judge to Overturn S.F. Gun Ban
Published: February 24, 2006

SAN FRANCISCO—The National Rifle Association urged a judge to overturn San Francisco’s voter-approved handgun ban, arguing the city can’t ban the guns because state law allows them.

Chuck Michel, an attorney for the NRA and gun enthusiasts suing to repeal the ban, said he was “sympathetic with the victims of gun violence,” but he said lawful weapon owners “are part of the solution, and not part of the problem.”

Without addressing the Second Amendment dispute over the constitutional right to bear arms, Michel argued that a local government cannot ban weapons because the California Legislature allows guns and has almost exclusive authority to regulate them.

Deputy City Attorney Wayne Snodgrass countered that the city can adopt such an ordinance because state law “is simply not protecting San Franciscans enough.”

The ban was put to voters in November by the San Francisco County Board of Supervisors, which was frustrated by an alarmingly high number of gun-related deaths in the city of 750,000 residents. The NRA sued the day after 58 percent of voters approved it.

San Francisco County Superior Court Judge James Warren is expected to rule on the NRA challenge within the next three months.

The U.S. Court of Appeals for the District of Columbia Circuit 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.

Snodgrass said at least two California court decisions support San Francisco’s right to enforce the ban: A state appeals court in 1998 upheld West Hollywood’s ban on sales of small, cheap handguns known as Saturday night specials, and the state Supreme Court three years ago found Los Angeles and Alameda counties could ban the possession and sale of weapons on government property, such as fairgrounds.

The high court did not address the issue of sales and possession on private property, though.

Michel noted that a state appeals court in 1982 nullified similar San Francisco gun ban largely on grounds that the city cannot enact an ordinance that conflicts with state law.

The bans on gun and ammunition sales begins March 1, and on handgun possession April 1. Snodgrass said the city would probably agree to delay it pending the judge’s ruling. The city has not approved penalties for violators.

Reader's Comments
"this is too long for someone to read bcuz it hurts ur eyes!"
-> Posted by billybob / Feb 22, 2007
"When part of the New Orleans police force fled in the wake of Katrina, leaving residents more vulnerable to the criminal looters and murderers, didn't self-protection become more important for them? Jesse, too bad you expect someone else to defend you before you do it yourself. Please submit to criminals and never resist."
-> Posted by James / Mar 18, 2006
"James is thinking like a true Demo, we'll pass laws and exclude ourselves from the enforcement! Politicians and Actors won't be able to carry handguns in S.F. either, so make a note Charleton Heston! I know it's hard to be told you can't do something so everyone else will be protected, but you can go over to Oakland and kill each other with handguns all you want! If you bring your Musket, why you could be an Oakie with a Muskokie!"
-> Posted by jesse of sacramento / Mar 04, 2006
"Jesse's thinking is in line with all the fascists in the world: only the elite class of politicians, police, and celebrities should have the ability to defend themselves with a gun."
-> Posted by James / Mar 03, 2006
"(cont) But even if you get a lucky shot, and kill the Criminal, and the neighbor calls 911, guess what, you'll be arrested anyway. Maybe let go in a few weeks (hope you have a nest egg to pay all your bills, and have a job waiting), but maybe not and you'll do time for taking the law into your own hands. People who live by the gun, die by it. Ask the Mafia, gang members, or your Grandma who you shoot by accident when she loses her key and knocks on your door."
-> Posted by jesse of sacramento / Feb 28, 2006
"Stevie (makes you wonder): Oh as for calling 911, I think if you shoot and injure a criminal, they'll do it for you, and their next call will be to their lawyer to Sue you for them getting injured on YOUR property. If you get lucky and kill the criminal, why the next of kin will Sue you saying, "He killed an unarmed man who wouldn't hurt a fly, and simply got the wrong address looking for his Ho", oh that'll cost you a few bucks and you'd probably lose that concealed permit."
-> Posted by jesse of sacramento / Feb 28, 2006
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-> Posted by jesse of sacramento / Feb 27, 2006
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-> Posted by jesse of sacramento / Feb 27, 2006
"Jesse Go away and crawl into your liberal hole. You are so far out of touch with reality. What the hell are you going to do when someone breaks down your door in the middle of the night, call 911? Go away. I've spent all the time with you I'm going to. You can't be helped. Goodby"
-> Posted by steve / Feb 27, 2006
"Jesse, my choice to use a shot gun rather than a hand gun is I am sure to hit my target! Shot gun has a wide range, babe.
Thanks but no thanks, would never live in San Francisco. Don't even care to visit the city any more!"
-> Posted by Sassy / Feb 27, 2006
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-> Posted by jesse of sacramento / Feb 27, 2006
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-> Posted by jesse of sacramento / Feb 27, 2006
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-> Posted by jesse of sacramento / Feb 27, 2006
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-> Posted by jesse of sacramento / Feb 27, 2006
"I'm getting a bit tired reading this liberal crap about how bad guns are. You gun haters out there need to have another look at one of your leaders Finstein (sp) who is VERY anti gun. Guess what. She packs heat and has bodyguards which you can be sure is armed. Now put that in your pipe and smoke it!"
-> Posted by steve / Feb 27, 2006
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-> Posted by jesse of sacramento / Feb 27, 2006
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-> Posted by jesse of sacramento / Feb 27, 2006
"You can kill with a vehicle and so far no one had band that.
You come threw my locked front door, I will take you down with my 12 gage."
-> Posted by Sassy / Feb 27, 2006
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-> Posted by jesse of sacramento / Feb 26, 2006
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-> Posted by jesse of sacramento / Feb 26, 2006
"Jesse, my 9mm has a 30 round clip and I'm prepared to use all 30 if you came thru my door at night. Your stats are wrong and I suggest you research someplace other than the Brady people, an 18 year old is in their numbers. My county has only 2 cities and we have a great sherriff. I have a hole ready and a backhoe on standby. Sleep well"
-> Posted by steve / Feb 26, 2006
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-> Posted by jesse of sacramento / Feb 26, 2006
"Steve: MORE crimes are prevented because the victim had a gun? Just how do they keep those stats? He had shifty eyes but I flashed my gun and he walked off, so I stopped him from robbing me? The NRA blows as much smoke as the tobacco industry (cigarettes don't cause cancer or aren't bad for you. Why a loaded gun won't hurt anyone, it'll protect you). Most auto accidents are caused by the other person, and so are most gun accidents."
-> Posted by jesse of sacramento / Feb 26, 2006
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-> Posted by jesse of sacramento / Feb 26, 2006
"Steve: Wow you and 2000 other people out of what 300,000,000 people? Just how many times have you used the gun to protect yourself from a robbery or assault? I've heard 4 incidents in this area this month of kids taking a gun to school and pulling it out and accidentally shooting another kid. Ignore the fact if you want, but the second leading cause of death for children (behind auto's) is guns. And there's been how many incidents nationwide of kids taking guns to school with intents of"
-> Posted by jesse of sacramento / Feb 26, 2006
"I have a toothbrush, a seat belt, a helmet, a fire extinguisher and a gun. They all help to prevent harm from coming to me. I can kill with all of them. Which one should we outlaw next?"
-> Posted by Dan / Feb 26, 2006
"Jesse: You really need an education. God I hope you're not one of my kids teachers. MORE crimes are prevented because the intended victim has a gun. And forget this crap about kids killing each other. That's rare unless you listen to M. Moore. AND it is NOT illegal to carry a concealed weapon IF you have a permit as I and about 2000+ others in my county have."
-> Posted by steve / Feb 25, 2006
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-> Posted by jesse of sacramento / Feb 25, 2006
"Steve: Hey maybe I'm one of those people worried that your kid will bring YOUR gun to school in his backpack. Seriously do you think a Criminal is going to tell you that they will rob you? Most home robberies are WHEN YOU'RE GONE! Gee guess how so many illegal handguns get on the street. I see two or three cases A YEAR of someone breaking into a home and the Owner kills them with a handgun. But lots of arguments that evolve into a killing with a handgun,"
-> Posted by jesse of sacramento / Feb 25, 2006
"jesse of sacramento: I have to feel sorry for you. You either the most stupid person in the world or you're on drugs. Maybe you are related to the guy who came thru my front door in the middle of the night and ran into Mr. Smith & Wesson with a laser in his face. Took the cops 43 minutes to get here. So now I have a 12 gauge as a backup. Get real! Oh yes, I have a CCW and pack heat."
-> Posted by steve / Feb 25, 2006
"Hey! Well as long as the Morons in S.F. are at it why stop there.
Why not vote down the rest of the ammendments.
I'm telling you people we lose one, just as well throw out the rest.
Tom in GardenValley"
-> Posted by Tom / Feb 25, 2006
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-> Posted by jesse of sacramento / Feb 25, 2006
"Jesse, Dude you need to pick on side of the fence or the other, can't have it both ways. The bottom line in this whole debate is "FREEDOM" or have you forgotten what that means? You are welcome to call 911 when in dire need, as for myself I will take my chances with MY gun..."
-> Posted by RJL / Feb 25, 2006
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-> Posted by jesse of sacramento / Feb 25, 2006
"What's the matter with all of you? Don't you have any idea how safe everyone will be come April 1st when guns are no longer a factor in the crime rate in SF? It will become a Mister Rogers Neighborhood Utopia. You will no longer need to lock your doors and you will be able to let your loved ones roam freely anywhere in SF without fear. Yeah right, anyone that believes that BS should be locked up..."
-> Posted by Randy / Feb 25, 2006
"Society is always safer when crooks don't know who is armed. That's a proven fact. The leaders in SF are all commies and I for one refuse to go there or do business with anyone there. If they believe taking guns away from law abiding citizens will sop crime, they need to look at Great Brittian and see how crime jumped overnight when the gun ban there went thru."
-> Posted by steve / Feb 25, 2006
"Does it surprise any of you that the socialist, communist residents of the City of San Francisco would cast a vote for totalitarianism?"
-> Posted by Michael / Feb 25, 2006
"All anti-gun laws do is strip law-abiding citizens of their rights and do nothing to stop criminals from having weapons. Those who use guns illegally also obtain their guns illegally. Outlawing guns does not stop crimes or violence. I'm sure glad I don't live in San Francisco!"
-> Posted by CJ / Feb 24, 2006
"This gun ban not only violates state law but violates the 2nd amendment to the U.S. Constitution. If this ban is upheld California will truely be the land of fruits and nuts and flakes. Mike in Glendale Arizona."
-> Posted by Mike Slater / Feb 24, 2006
"I hope the people realize over there...when you strip LAW ABIDING Citizens of their ability to defend/protect themselves....
You've admitted that Criminals have won.
No longer can people be CITIZENS....they're now FAIR GAME."
-> Posted by Leo of Sacramento / Feb 24, 2006
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