deepdiver
Campaign Veteran
imported post
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/04/09/BARB102OFQ.DTL
excerpts:
The state courts recognized that "law-abiding citizens are part of the solution, not part of the problem of violent crime," said Chuck Michel, lawyer for the plaintiffs in the NRA suit. "The authority of local cities to over-regulate firearms is very limited."
Alexis Thompson, spokeswoman for City Attorney Dennis Herrera, said the court's action was disappointing.
...
In seeking state Supreme Court review, Herrera's office urged the justices to declare that "local governments retain significant, meaningful ... power to protect their residents against gun violence."
...
But the courts said the ordinance was beyond the powers of local government.
Upholding a judge's June 2006 ruling, the First District Court of Appeal in San Francisco said state law left room for some municipal gun control - such as bans on the sale or possession of firearms on public fairgrounds - but "when it comes to regulating firearms, local governments are well advised to tread lightly."
The court relied on its own 1982 ruling striking down a San Francisco ordinance that would have prohibited handgun possession by anyone in the city limits. Prop. H drafters sought to comply with the ruling by limiting the ban to city residents.
In a 3-0 ruling Jan. 9, the appeals court said state law allows law-abiding Californians to possess handguns in their homes and businesses and lets them request a concealed-weapons permit or a judge's permission to carry guns in public - authority that leaves no room for a local handgun ban.
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/04/09/BARB102OFQ.DTL
excerpts:
The state courts recognized that "law-abiding citizens are part of the solution, not part of the problem of violent crime," said Chuck Michel, lawyer for the plaintiffs in the NRA suit. "The authority of local cities to over-regulate firearms is very limited."
Alexis Thompson, spokeswoman for City Attorney Dennis Herrera, said the court's action was disappointing.
...
In seeking state Supreme Court review, Herrera's office urged the justices to declare that "local governments retain significant, meaningful ... power to protect their residents against gun violence."
...
But the courts said the ordinance was beyond the powers of local government.
Upholding a judge's June 2006 ruling, the First District Court of Appeal in San Francisco said state law left room for some municipal gun control - such as bans on the sale or possession of firearms on public fairgrounds - but "when it comes to regulating firearms, local governments are well advised to tread lightly."
The court relied on its own 1982 ruling striking down a San Francisco ordinance that would have prohibited handgun possession by anyone in the city limits. Prop. H drafters sought to comply with the ruling by limiting the ban to city residents.
In a 3-0 ruling Jan. 9, the appeals court said state law allows law-abiding Californians to possess handguns in their homes and businesses and lets them request a concealed-weapons permit or a judge's permission to carry guns in public - authority that leaves no room for a local handgun ban.