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Lawsuit challenges handgun ban in city
San Francisco Chronicle ^ | November 10, 2005 | Bob Egelko and Cecilia M. Vega

Posted on 11/10/2005 10:40:00 AM PST by neverdem

Plaintiff's say Prop. H steps beyond local government authority, treads on state turf

Gun owners and advocates wasted little time Wednesday in challenging San Francisco's newly enacted prohibition on handgun possession by filing a lawsuit in the same court that tossed out a local handgun ban 23 years ago and vowing to, if necessary, use shotguns to protect themselves.

The lawsuit argues that Proposition H, approved Tuesday by 58 percent of the city's voters, oversteps local government authority and intrudes into an area entirely regulated by the state.

But even with the pending court case, some gun owners are preparing for the possibility of having to give up their handguns on Jan. 1, when the law is scheduled to take effect.

"I have a shotgun. I bought it first thing when I heard this was going on the ballot," said Mike Ege, who also owns two handguns and is a spokesman for the Prop. H opponents. "I'm getting a safety deposit box out of the county (for the handguns)."

The measure doesn't make it illegal for San Franciscans to possess shotguns, like the 12-gauge with an 18-inch barrel that Ege keeps in his home.

Under Prop. H, residents have until April 1 to surrender their handguns to police without penalty. The proposition also makes it illegal to sell, manufacture and distribute firearms and ammunition within city limits.

But the lawsuit filed by the National Rifle Association argues that California law, which authorizes police agencies to issue handgun permits, implicitly forbids "local attempts to ban the possession of handguns by law-abiding, responsible adults.''

Plaintiffs in the lawsuit -- filed in the first district state Court of Appeal in San Francisco -- also include California Association of Firearm Retailers, two other organizations and seven individual gun owners. They argue that the new...

(Excerpt) Read more at sfgate.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Front Page News; Government; News/Current Events; Politics/Elections; US: Colorado
KEYWORDS: banglist
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1 posted on 11/10/2005 10:40:01 AM PST by neverdem
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To: neverdem

Shotguns are better for home defense anyway.


2 posted on 11/10/2005 10:41:34 AM PST by Kenton (Muslims want to play by their own version of "girls' rules")
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To: neverdem

http://www.sfgate.com/
check out the front page and notice THE QUESTION
My fellow citizens do not like the ban 52% - 34%, we may be crazy but not dumb.


3 posted on 11/10/2005 10:43:26 AM PST by SF Republican
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To: neverdem

Proposition H? San Francisco? Taking away rights?

Too easy, way too easy.

My advice to anyone normal in San Francisco... run away, now, and don't look back, unless you like salt.


4 posted on 11/10/2005 10:44:29 AM PST by brownsfan (It's not a war on terror... it's a war with islam.)
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To: Kenton
Shotguns are better for home defense anyway.

True, but that's not really the point. Rifles and shotguns are ballistically superior to handguns by far, but it's a matter of principle not effectiveness of the firearms in question.
5 posted on 11/10/2005 10:45:58 AM PST by JamesP81
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To: neverdem

Anybody who turns in their handguns to the authorities out there in Sissytown, CA would be, in my opinion, foolish.


6 posted on 11/10/2005 10:46:08 AM PST by Emmett McCarthy
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To: brownsfan
My dad is getting up there and I am considering asking him for his 12 guage shotgun(which will make a lot of ducks happy). Getting it back home on the plane may be tricky.
7 posted on 11/10/2005 10:47:30 AM PST by SF Republican
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To: neverdem
Supervisor Chris Daly, author of the measure, said that police are exempt from the handgun ban and that TV productions and operas can use props. Daly also said Prop. H was drafted to stay within the limits of local authority by prohibiting only San Francisco residents, not visitors, from possessing handguns.

That's swell, then the hoodlums who bring guns to San Francisco won't have to give theirs up.

8 posted on 11/10/2005 10:49:16 AM PST by TC Rider (The United States Constitution © 1791. All Rights Reserved.)
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To: neverdem
The law doesn't spell out what the penalties would be for residents caught possessing handguns. Prop. H leaves it up to the city's Board of Supervisors to vote on penalties. A San Francisco police spokeswoman said Wednesday the department was consulting with the city attorney's office on how to enforce the ban.

What jackasses. No offence meant to the 4 legged variety.

9 posted on 11/10/2005 10:51:54 AM PST by beltfed308 (Cloth or link. Happiness is a perfect trunnion.)
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To: brownsfan

they voted for this, but against parental notification for minor girls to have abortions.

that is insanity.


10 posted on 11/10/2005 10:52:36 AM PST by jw777
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To: SF Republican

Have him ship it to you.


11 posted on 11/10/2005 10:53:30 AM PST by blackie (Be Well~Be Armed~Be Safe~Molon Labe!)
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To: SF Republican
Getting it back home on the plane may be tricky.

Nah. Checked baggage only (duh) and in a locked, hard-sided case. Doesn't need to be a gun case, a locked suitcase is fine. Emphatically does need to be a hard case tho'. Declare it when you check your bags. They'll do a hand inspection (so the bag can be re-locked) and attach a form to it. Try to put the form in the bag, not visible on the outside - most carriers will do this. Oh, and don't pack any ammo...

12 posted on 11/10/2005 10:54:28 AM PST by green iguana
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To: neverdem

Wrong defense. Under the so-called incorporation doctine of the 14th amendment neither the Congress nor the State nor the local governement should be able to regulate firearms at all.


13 posted on 11/10/2005 10:55:59 AM PST by Rightwing Conspiratr1 (Lock-n-load!)
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To: neverdem

I oppose Preparation H! To all San Franciscans, BOHICA.... (Bend over, here It Comes Again!)


14 posted on 11/10/2005 10:57:24 AM PST by 2harddrive (...House a TOTAL Loss.....)
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To: Kenton
Shotguns are better for home defense anyway.

True, but more crime is committed by criminals preying on individuals walking the streets and in the neighborhoods just outside the home. Can't carry a shotgun with you in those cases.

15 posted on 11/10/2005 11:01:50 AM PST by Extremely Extreme Extremist (Harmful or Fatal if Swallowed)
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To: Emmett McCarthy

Don't turn 'em in!

I will be happy to find select handguns a good home!


16 posted on 11/10/2005 11:06:38 AM PST by Little Ray (I'm a reactionary, hirsute, gun-owning, knuckle dragging, Christian Neanderthal and proud of it!)
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To: Kenton

"Shotguns are better for home defense anyway".



This, my friend, is not the point!
Either the Constitution protects us from the excesses of democracy, and the excesses of government, or it does not!
If this travesty stands, it will only be because we have judges not fit to serve a free nation.


17 posted on 11/10/2005 11:08:40 AM PST by SWAMPSNIPER (LET ME DIE ON MY FEET IN MY SWAMP, ALEX KOZINSKI FOR SCOTUS)
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To: JamesP81; Extremely Extreme Extremist; SWAMPSNIPER

Yeah, I understand the part about the principal of the thing. I was just commenting on the utility of the proposed alternative.


18 posted on 11/10/2005 11:12:02 AM PST by Kenton (Muslims want to play by their own version of "girls' rules")
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To: Kenton

Shotguns are better for home defense anyway.



The best way to be wrong on firearms advice is to be sweeping, simplistic, and definitive.

There are many situations in which a handgun or rifle is better for home defense.


19 posted on 11/10/2005 11:23:42 AM PST by Atlas Sneezed (Your FRiendly FReeper Patent Attorney)
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To: SF Republican

Just buy an inexpensive lockable case and check it at the check in counter. You have to fill out a form and show them it is un-loaded. Then you lock it. Call the airline first, some may not allow; Continental does.


20 posted on 11/10/2005 11:46:42 AM PST by AmericanDave (God bless .......and MORE COWBELL)
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