Jan 15 2008
San Francisco Gun Ban struck down. The media yawns
Bet you didn’t hear about this on the news did you?
Municipalities can’t ban people from owning handguns, court rules
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.”
About that…so tell me, would the hand gun ban stop the violence? No. The fact is that using a handgun for violence is already a crime, so outlawing peaceful ownership is absolutely pointless. Banning their guns from people who already are using them criminally is unlikely to have a measurable impact.
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.
We shall see. Newsbusters says:



