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November 09, 2005
San Francisco Handgun Ban

San Francisco passed its new handgun possession ban. This hits a little close to home as we're looking at moving to the sunnier parts of the City early next year.

The City has tried this before and failed. In 1982 with a case titled Doe V. San Francisco, a California State Appeals court ruled that licensing and registration were explicitly and implicitly preempted by State Law. The current City folks will try to argue that prohibition of handguns is not licensing. However that goes against the logic of the law as there will be some folks who will be permitted to possess handguns despite the ban. Also arguing for implied preemption is that the last attempt to stop purchases of handguns in California was Proposition 15, also in 1982, that was resoundingly rejected by the voters of the state at the state level.

The NRA has already filed suit. Here is the complaint.

Posted by hoffmang | November 09, 2005 02:06 PM


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