Skip to comments.National Rifle Association Files Suit Against Restrictive San Francisco Gun Ordinance
Posted on 05/20/2009 11:29:01 AM PDT by neverdem
Fairfax, Va. --- The National Rifle Association, the San Francisco Retired Police Officers Association, and a group of San Francisco residents filed a Second Amendment lawsuit in federal court last Friday seeking to invalidate the San Francisco ordinance that requires all residents to store their handguns in a locked container or disabled with a trigger lock.
Time and again, we see city governments attempt to strip their citizens of basic self-defense rights, and NRA will work tirelessly until these unconstitutional ordinances are abolished nationwide, said Chris W. Cox, NRA chief lobbyist. Freedom will prevail, as it did last June in the historic Heller decision. The rights of law-abiding Americans in San Francisco should be restored and NRA will continue pursing legislative and legal remedies for these types of infringements.
The ordinance is similar to the Washington, D.C. ordinance that was invalidated by the United States Supreme Court last year in the landmark Heller decision that confirmed the Second Amendment protects a individual right to keep and bear arms.
The San Francisco ordinance infringes on the right to keep and bear arms by forcing residents, no matter what their personal circumstances, to store their handguns in a way that makes it impossible to immediately access a functional handgun for self defense or to defend one's family.
Law-abiding Americans should have the freedom to choose how to protect themselves, based on their personal situation, concluded Cox. No local, state or federal government should dictate this decision.
Established in 1871, the National Rifle Association is America's oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.
I’ll be watching this (and eating popcorn) very closely. Give em hell NRA.
requires all residents to store their handguns in a locked container or disabled with a trigger lock....
The NRA will take them to task!.....
****release the hounds!!!!*****
It is every patriot’s duty not to follow/regard unjust laws.
anyone know if anything like this suit will take place in MA?
It doesn't have to. The 9th Circuit incorporated the Second Amendment in the Nordyke decision as an individual right. Click on the keyword Nordyke. They'll follow the precedent of the Heller decision, and toss the SF trigger lock law of the books, IMHO. It's just a matter of time before SCOTUS gets the case.
Best to shoot, shovel and shut up in most cases
Certainly one of the best situation summaries I’ve read in a long, long time.
The entire state has restrictive gun storage laws, where is the lawsuit against the state?
Every Freeper should be a member of the NRA or The Second Amendment Foundation.
Where are you? Are you a member of the NRA?
You have to find a victim with standing, i.e. someone being prosecuted, in this case by a SF law. Remember Heller came from Parker et al. at the D.C. Circuit Court, IIRC. When the Supreme Court decided to take it, they said Heller had no question about standing because he was an armed federal employee.
Life Member since 1978. In the process of escaping CA for OR.
This is clearly not true.
1. Mr. Heller had standing even though he was not being prosecuted.
2. In Nordyke v. King the 9th circuit incorporated the 2A for the entire circuit. Since self defense is a fundamental right under Heller anyone who feels their self defense rights are being trampled by CA's onerous gun storage laws has standing.
The reason I am asking the question, is that I feel strongly we are being very slow off the starting line in taking advantage of Heller especially in combination with Nordyke.
Essentially the NRA should have lawsuits, plural, lined up against the entire State, not just against one measly City. We should be taking advantage of CA's budget shortfalls. The last thing the State wants to do right now is to spend lots of money on attorneys in cases which they will likely lose.
You have to find a victim with standing, e.g. someone being prosecuted...
That would have worked. I used the wrong abbreviation.
You have to find a sympathetic court for a civil suit. Parker et al. were summarily dismissed from the district court initially.
Some noteworthy articles about politics, foreign or military affairs, IMHO, FReepmail me if you want on or off my list.
Thanks for the ping!
My point is that after Nordyke any citizen who owns a gun of any description has standing.
Now of course the NRA wants to go shopping for someone who is squeaky clean and generates sympathy for a test case, but the days of having to really hunt and scratch for someone with standing like we had to do with Heller are gone. There are between 5 and 10 million people with standing in CA right this minute.