Explore The NRA Universe Of Websites

APPEARS IN Second Amendment

Political Report: NRA-ILA Wins Court Victories On Two Coasts

Friday, June 27, 2008

The Supreme Court has handed down its landmark decision in the Heller case, but we must also remember that legal skirmishes over our Second Amendment rights are not limited to the Supreme Court. Before and after the Supreme Court heard oral arguments in Heller, other cases were playing out across the country, with huge implications for the rights of citizens in those jurisdictions. When the situation demands, NRA-ILA goes beyond legislative and political advocacy to defend the Second Amendment in court.

One case began back in 2005, when voters in San Francisco passed Proposition H, a local ordinance prohibiting virtually all city residents from possessing handguns. The ordinance also prohibited all city residents, without exception, from selling, distributing, transferring and manufacturing all firearms and ammunition. The city mayor promoted the ordinance mainly as a political statement. He even acknowledged the likelihood that the handgun ban would not withstand legal scrutiny, but insisted on spending taxpayer funds on his political theatrics.

Once passed, the ordinance could not be allowed to stand. NRA-ILA assembled a strike team of lawyers, local gun owners and other affected groups (from the San Francisco Veteran Police Officers Association, to the Pink Pistols), and filed for a "writ of mandate" to challenge the ordinance the day after it passed. Among many arguments, one stood out as the single most critical--that the ordinance violated the state's preemption statute.

Preemption statutes have long been a legislative priority for NRA-ILA. They prohibit cities, counties and other localities from establishing their own restrictions on firearms ownership, use and possession. Preemption statutes prevent having a patchwork of assorted restrictions varying from one township line to the next, which in turn prevents lawful firearm owners from accidentally becoming criminals by violating obscure local gun laws.

Forty-three states have preemption statutes, and California is one of them. But California's law is not as clear as some others. That's why activist anti-gun groups have been pushing for local gun restrictions in California--and that's why this case was so important.

The trial court agreed with us, and found that Proposition h was, in fact, preempted by state law. City politicians were not content with only wasting a little time and money, so they appealed the decision, claiming the handgun ban was necessary as a crime-fighting measure. The state Court of Appeal not only affirmed the trial court decision, but noted that "[T]he City's arguments fail to acknowledge the ordinance will affect more than just criminals. It will also affect every city resident who has not, through some demonstration of personal disability or irresponsibility, lost his or her right to possess a handgun."

Apparently bent on further exhausting taxpayers' money and patience, the city asked the California Supreme Court to review the case. On April 9, the Supreme Court declined the request. It also refused the city's request to cut the anti-gun movement's losses by taking the Court of Appeal decision off the books. So now the decision is final, and it stands as binding precedent against future efforts to pass local bans and restrictions on firearm possession
in California.

Across the country in Philadelphia, a different political battle played out more recently. Here, city politicians had been pushing the state legislature to pass a series of onerous restrictions on firearm owners. The vast majority of state legislators declined the invitation, and the restrictions were voted down. Unwilling to accept defeat, city politicians decided to make a symbolic political statement by passing their
own set of gun bans and restrictions, Sound familiar?

Pennsylvania also has a preemption statute, one that is clear and already tested in the courts. In fact, the city's district attorney advised the city council and mayor that their restrictions were clearly unlawful. But that's where the story takes a twist. Philadelphia Police Commissioner Charles Ramsey--formerly the chief of police in Washington, D.C., and a vocal defender of the D.C.. gun ban--planned on enforcing them anyway. He was quoted as saying, "As far as I am concerned, the laws are valid, and we will act as if this whole conversation with the D.A. just didn';t take place."

So once again NRA-ILA assembled a team of lawyers, local groups and affected individuals, and sued the city in court. And we immediately succeeded in gaining a restraining order against enforcement of the ordinances. Now, Commissioner Ramsey will have to occupy himself looking for real criminals to arrest.

But the legal work of your NRA-ILA will not be finished with these cases, nor with whatever verdict the Supreme Court may render in District of Columbia v. Heller. Our rights will continue to be tested by headline-hungry politicians, and any time the Second Amendment is on trial, NRA-ILA will be there in its defense.

TRENDING NOW

Saturday, April 21, 2018

Florida Alert: YETI Drops NRA Foundation

For years YETI Coolers have been a hot item for sportsmen at the Friends of NRA Foundation Banquet and Auction events around the country.  Suddenly, without prior notice, YETI has declined to do business with The ...

Dick’s Sporting Goods/Field & Stream to Destroy Firearms Inventory

News  

Second Amendment  

Friday, April 20, 2018

Dick’s Sporting Goods/Field & Stream to Destroy Firearms Inventory

Dick’s Sporting Goods took their campaign to alienate law-abiding gun owners to an extraordinary new level last week. The beleaguered retailer announced that in addition to removing certain types of semi-automatic rifles from their stores, the company ...

News  

Tuesday, April 24, 2018

ALERT ! YETI Adds Insult to Injury

If it wasn’t bad enough that YETI dropped The NRA Foundation as a client, now they’re calling us liars because we informed our members and friends of their actions.  

NRA Statement on Passage of the National Defense Authorization Act

News  

Tuesday, December 12, 2017

NRA Statement on Passage of the National Defense Authorization Act

National Rifle Association Institute for Legislative Action executive director, Chris W. Cox, released the following statement on Tuesday regarding President Donald Trump's signature on the National Defense Authorization Act

Another Group of Anti-Gun Celebrities Forms!  In Other News, The Sun Rose Today.

News  

Second Amendment  

Friday, April 20, 2018

Another Group of Anti-Gun Celebrities Forms! In Other News, The Sun Rose Today.

In case you were worried there were not enough anti-gun organizations working to eradicate the rights of law-abiding gun owners, a new one has formed, and it’s called NoRA.  Get it?  The name implies that the ...

California: Legislation Requiring Background Checks on Barrels and Other Parts Up For Hearing!

Sunday, April 22, 2018

California: Legislation Requiring Background Checks on Barrels and Other Parts Up For Hearing!

Several pro- and anti-gun bills are scheduled to be heard in their respective committees on Monday, April 23 and Tuesday, April 24.  Please contact the members of the respective committee and urge them to SUPPORT ...

NRA Salutes “the Gunny” and Mourns the Passing of an American Patriot

News  

Friday, April 20, 2018

NRA Salutes “the Gunny” and Mourns the Passing of an American Patriot

America, and the NRA, lost a true friend and a staunch defender of freedom with the passing of R. Lee Ermey on April 15 from complications of pneumonia. He was 74 years old. 

Keep Calm and Carry On: Pro-Gun Sentiment Reasserts Itself in Wake of Antigun Blitz

News  

Second Amendment  

Friday, April 20, 2018

Keep Calm and Carry On: Pro-Gun Sentiment Reasserts Itself in Wake of Antigun Blitz

Like the long-delayed coming of spring to the Mid-Atlantic, evidence is appearing that Americans are regaining their senses and reverting to an instinctual embrace of freedom after a withering barrage of some the nastiest and most ugly ...

Illinois: Senate to Consider Overriding Veto on Dealer Licensing Bills

Monday, April 23, 2018

Illinois: Senate to Consider Overriding Veto on Dealer Licensing Bills

With the April 25th deadline approaching, the Illinois state Senate is expected soon to consider overriding Gov. Bruce Rauner’s veto on legislation that would drive your local gun stores out of business with onerous red tape ...

Illinois: Committee Passes Bill to Allow Local Infringement of Second Amendment

Wednesday, April 18, 2018

Illinois: Committee Passes Bill to Allow Local Infringement of Second Amendment

The Illinois state Senate could vote on legislation to allow localities to infringe upon Second Amendment rights as early as today.  Senate Bill 2314 was moved to third reading after it had passed the Senate ...

MORE TRENDING +
LESS TRENDING -
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.