Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Appeals Under Way in Challenge to San Francisco Laws

Monday, June 24, 2013

On Nov. 26, a federal judge denied the plaintiffs’ motion (in the case of Jackson v. City & County of San Francisco) for a preliminary injunction to prevent San Francisco from enforcing its locked-firearm-storage requirement and its ban on the sale of popular ammunition that “serves no sporting purpose.”

The storage provision requires the locked storage of all handguns inside the home unless “carried on the person.” In opposition to the requirement, the motion cited Heller’s recognition that defense inside the home is the core of the Second Amendment right and argues that the storage requirement clearly conflicts with this finding. Quoting Heller,  the motion said, “‘whatever else [the Second Amendment] leaves to future evaluation, it surely elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home,’” which should make restrictions like the storage law “subject to the highest level of scrutiny.”

On the ammunition ban, the motion pointed out that ammunition is clearly protected under the Second Amendment, and no historical justification exists for curtailing the sale of certain types of ammunition. Therefore, under the view of the Second Amendment adopted in Heller, San Francisco’s ban must be invalid.

In his decision denying the motion, Judge Richard Seeborg of the U.S. District Court for the Northern District of California wrote, “Heller left too much unsettled for it to dictate a particular result here.” 

Undeterred, on Feb. 7, NRA-backed lawyers appealed the decision to the United States Court of Appeals for the Ninth Circuit. The opening brief for the plaintiffs noted, “The City’s restrictions exist at the extreme end of the gun-regulation continuum, they impinge upon the core right to self-defense in the home, and present a total ban on the sale of ammunition protected by the Constitution.”

In their responding brief on March 3, the city and county further defended their position on the city’s storage law and what they call “enhanced lethality ammunition.” The city mischaracterizes comparisons between San Francisco’s storage ordinance and others around the country that, while burdensome, are far less prohibitive than its own. Additionally, the defendants suggest that anything short of a “prohibition on the sale of any ammunition, or any ammunition other than ineffectual rubber bullets,” would not burden Second Amendment rights. Also weighing in with “friend of the court” briefs on the city’s behalf were the Brady Campaign and the Law Center to Prevent Gun Violence.

Further complicating matters for law-abiding gun owners, in March the San Francisco Board of Supervisors enacted an ordinance “to prohibit the possession or sale of certain ammunition, including Black Talon ammunition and ammunition intended exclusively for law enforcement and military purposes,” that went into effect April 12. During the debate on the law, politicians and media sources touted the legislation as a complete ban on the possession of hollow point ammunition.

Concerned that the new law would outlaw most self-defense ammunition, NRA threatened legal action against the city. However, on March 29 the Police Department of the City and County of San Francisco sent the NRA’s lawyers a letter clarifying the effects of the law. In direct contrast to what was stated by certain legislators and the media, Captain Dennis F. O’Leary of the San Francisco Police Department Operations Bureau made clear that the law does not ban all hollow point ammunition, only ammunition that is “physically identical to Black Talon ammunition or that performs identically to it in all respects,” along with other yet-to-be-determined ammunition that will be listed in a database to be created by the police department.

Even with that clarification, the fight in San Francisco could affect the ability of other like-minded localities to enact similar bans, and the NRA will continue to advocate for the availability of effective self-defense ammunition.

TRENDING NOW
Now With More Banning! Dianne Feinstein Introduces “Updated” Federal “Assault Weapons” Ban (S. 66)

News  

Friday, January 11, 2019

Now With More Banning! Dianne Feinstein Introduces “Updated” Federal “Assault Weapons” Ban (S. 66)

On Wednesday, longtime gun control extremist Dianne Feinstein (D-CA) introduced the latest version of her perennial bid to rid America of its most popular types of rifles, as well as the standard capacity magazines that ...

Wisconsin: Governor Evers Starts Session with Gun Control Push

Monday, January 14, 2019

Wisconsin: Governor Evers Starts Session with Gun Control Push

With the 2019 Wisconsin Legislative Session convened, Governor Tony Evers and Attorney General Josh Kaul are already working with legislators to pass sweeping gun control.

Canada’s Gun Control Advocates Boast Handgun Ban is “Within Reach”

News  

Friday, January 11, 2019

Canada’s Gun Control Advocates Boast Handgun Ban is “Within Reach”

On August 28, 2018, Canadian Prime Minister Justin Trudeau instructed Bill Blair, his minister of Border Security and Organized Crime Reduction, to examine the feasibility of “a full ban on handguns and assault weapons in ...

Monster Mistake, Take Two?

News  

Hunting  

Friday, January 11, 2019

Monster Mistake, Take Two?

Capitulating to radical, anti-gun extremism has become acceptable to some within the business community in recent years, especially for companies that seem to care little about our rights protected by the U.S. Constitution.  We’ve seen banks ...

Washington: Committee Hearings Scheduled on Anti-Gun Bills

Wednesday, January 16, 2019

Washington: Committee Hearings Scheduled on Anti-Gun Bills

Anti-gun bills will be heard on January 21st at 10:00AM by the Washington state Senate Committee on Law & Justice and by the House Committee on Civil Rights & Judiciary on January 22nd at 10:00AM.

Illinois: Gov. Pritzker Signs Firearm Registration & Dealer Licensing Bill

Thursday, January 17, 2019

Illinois: Gov. Pritzker Signs Firearm Registration & Dealer Licensing Bill

Today, Governor J.B. Pritzker signed Senate Bill 337 into law.  Passed by the previous legislature in 2018, SB 337 will establish a firearm registry and shut down your local gun stores with government red tape.  Senate ...

Background Checks: No Impact on Criminals

News  

Friday, January 11, 2019

Background Checks: No Impact on Criminals

We have seen a generation of gun-grabbers rise and fall. The new generation of gun-grabbers are pushing for the same tired and baseless policies that won’t so much as inconvenience criminals. We understand the emotional ...

Virginia: Gov. Northam’s Anti-Gun Bills to be Heard in Committees

Tuesday, January 15, 2019

Virginia: Gov. Northam’s Anti-Gun Bills to be Heard in Committees

This week, committees in both chambers of the Virginia General Assembly will be hearing an array of bills that are part of Governor Ralph Northam’s agenda to impose sweeping gun control in the Commonwealth.  The ...

Illinois: Firearm Registration & Dealer Licensing Bill May Reach New Governor’s Desk

Friday, January 11, 2019

Illinois: Firearm Registration & Dealer Licensing Bill May Reach New Governor’s Desk

On January 10th, Illinois state Senate President John Cullerton removed a hold on a bill potentially to make the unprecedented move of attempting to send a bill passed by the previous legislature to a newly ...

Indiana: Lake County Commissioners to Vote on Firearm Discharge Ordinance

Tuesday, January 15, 2019

Indiana: Lake County Commissioners to Vote on Firearm Discharge Ordinance

On January 16th at 10:00AM, the Lake County Board of Commissioners will be voting on whether to approve the proposed amendment to Ordinance No. 1314B previously passed by the County Council to restrict the discharge of firearms ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.