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San Francisco Gun Ban Ruled Null and Void

Wednesday, January 9, 2008

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. 

“This decision is a thoughtful and well-reasoned legal opinion,” concluded Cox. “I'd like to thank our approximately 4 million members, including the hundreds of thousands of members in California, for their continued commitment to protecting our cherished freedoms.” 

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Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group.  Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime.  The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.