Judge Overturns S.F. Ban on Firearm Sales
Monday, June 12, 2006 8:06 p.m. EDT
Judge Overturns S.F. Ban on Firearm Sales
A California judge on Monday overturned San Francisco's voter-approved city law that banned handgun possession and firearm sales, siding with gun owners who said the city did not have the authority to prohibit the weapons.
Judge James Warren sided with the National Rifle Association, which argued that a local government cannot ban weapons because the California Legislature allows their sale and possession.
The San Francisco County Board of Supervisors placed Measure H on the ballot amid frustration over the high number of gun-related homicides. The NRA sued in November, a day after 58 percent of voters approved the law banning gun and ammunition sales and handgun possession.
Matt Dorsey, a spokesman for City Attorney Dennis Herrera, said the city was considering whether to appeal after the court "denied the right of voters to enact a reasonable, narrowly tailored restriction on handgun possession."
NRA attorney Chuck Michel was pleased that the judge "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."
The ordinance targeted only city residents, meaning nonresidents in the city or even tourists were not banned from possessing or selling guns here.
A federal appeals court is considering a challenge to a similar handgun ban in the District of Columbia, where attorneys have argued that the law violates the Second Amendment right to bear arms.
© 2006 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.
Judge Overturns S.F. Ban on Firearm Sales
A California judge on Monday overturned San Francisco's voter-approved city law that banned handgun possession and firearm sales, siding with gun owners who said the city did not have the authority to prohibit the weapons.
Judge James Warren sided with the National Rifle Association, which argued that a local government cannot ban weapons because the California Legislature allows their sale and possession.
The San Francisco County Board of Supervisors placed Measure H on the ballot amid frustration over the high number of gun-related homicides. The NRA sued in November, a day after 58 percent of voters approved the law banning gun and ammunition sales and handgun possession.
Matt Dorsey, a spokesman for City Attorney Dennis Herrera, said the city was considering whether to appeal after the court "denied the right of voters to enact a reasonable, narrowly tailored restriction on handgun possession."
NRA attorney Chuck Michel was pleased that the judge "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."
The ordinance targeted only city residents, meaning nonresidents in the city or even tourists were not banned from possessing or selling guns here.
A federal appeals court is considering a challenge to a similar handgun ban in the District of Columbia, where attorneys have argued that the law violates the Second Amendment right to bear arms.
© 2006 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.