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California Supreme Court Strikes Down Prop H

Friday, April 11, 2008

The California State Supreme Court has turned down San Francisco's appeal on whether Proposition H, the draconian gun ban proposed by the San Francisco Board of Supervisors, violates California law.  This exhausts all possible avenues for appeal by the Board of Supervisors.  Proposition H would have banned the manufacture, distribution, sale and transfer of firearms and ammunition within San Francisco. NRA-ILA was the lead organization fighting this ban. 

NRA Executive Vice President Wayne LaPierre welcomed the decision stating, "Freedom and common sense have prevailed today.  Proposition H was a foolish scheme that would have disarmed only the law-abiding in San Francisco.  The NRA said that we will do everything we can to overturn this ill-conceived gun ban and I am pleased to say that we have delivered on that promise." 

Earlier this year, San Francisco asked the California Supreme Court to review a Court of Appeal's decision asserting that under California law, local officials do not have the authority to ban firearms from law abiding residents. That ruling was made by San Francisco Superior Court Judge James Warren and was later upheld in a unanimous opinion from a three-judge panel in the Court of Appeals issued in January 2008.  The California Supreme Court has now turned down the city's appeal of that decision. 

NRA-ILA Executive Director Chris W. Cox stated, "We are pleased with the Supreme Court ruling.  The NRA filed our lawsuit after Proposition H passed arguing that the proposition was in violation of California preemption laws that clearly assert that firearm laws are regulated by the state and not local municipalities.  The Supreme Court has confirmed our belief that the authors of this measure authored it with gross disregard of California law.  Regrettably, San Francisco taxpayers had to bear the considerable financial burden to satisfy the careless political whim of their elected officials."

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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.