Tuesday, June 13, 2006

Judge Tosses Frisco Ban On Handguns

"A state trial judge on Monday overturned a voter-approved city ordinance that banned handgun possession and firearm sales in San Francisco, siding with gun owners who said the city did not have the authority to prohibit the weapons.

Measure H was placed on the November ballot by the San Francisco County Board of Supervisors, who were frustrated by a rising number of gun-related homicides in the city of 750,000. San Francisco recorded at least 94 murders last year, a 10-year high.

The National Rifle Association sued a day after 58 percent of voters approved the law.

In siding with the gun owners, San Francisco County Superior Court Judge James Warren said a local government cannot ban weapons because the California Legislature allows their sale and possession.

"My clients are thrilled that the court recognized that law-abiding firearms owners who choose to own a gun to defend themselves or their families are part of the solution and not part of the problem," NRA attorney Chuck Michel said. "Hopefully, the city will recognize that gun owners can contribute to the effort to fight the criminal misuse of firearms, a goal that we all share."

The ordinance targeted only city residents, meaning nonresidents in the city or even tourists were not banned from possessing or selling guns here.

Warren's decision was not unexpected. In 1982, a California appeals court nullified an almost identical San Francisco gun ban largely on grounds that the city cannot enact an ordinance that conflicts with state law."

We mentioned this back in November, with the fervent hope that such an illegal ban would be soon overturned, and it was. That's the problem with little liberal fiefdoms, you see. They could care less about the law and make their own rules as they go along, which is why I've been for Constitutional amendments to make it a Federal crime for the loons to dismiss the rule of law at their leisure.

No comments: