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National Rifle Association Files Suit Against Restrictive San Francisco Gun Ordinance
NRA - NRA ^ | May 20, 2009 | NA

Posted on 05/20/2009 11:29:01 AM PDT by neverdem


·11250 Waples Mill Road ·   Fairfax, Virginia 22030    ·800-392-8683

National Rifle Association Files Suit Against Restrictive San Francisco Gun Ordinance

Wednesday, May 20, 2009

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.”

-NRA-

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.




Find this item at: http://www.nraila.org/News/Read/NewsReleases.aspx?ID=12504


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Politics/Elections; US: California; US: District of Columbia
KEYWORDS: banglist; heller; nationalrifleassn; nordyke; nra

1 posted on 05/20/2009 11:29:02 AM PDT by neverdem
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To: neverdem

I’ll be watching this (and eating popcorn) very closely. Give em hell NRA.


2 posted on 05/20/2009 11:31:13 AM PDT by SoldierDad (Proud Dad of a U.S. Army Infantry Soldier presently instructing at Ft. Benning.)
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To: Ernest_at_the_Beach; goldstategop; CAluvdubya; CyberAnt; Syncro; Citizen James; BurbankKarl; ...
BANG!
3 posted on 05/20/2009 11:31:23 AM PDT by neverdem (Xin loi minh oi)
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To: harpseal; TexasCowboy; nunya bidness; AAABEST; Travis McGee; Squantos; Shooter 2.5; wku man; SLB; ..
Click the Gadsden flag for pro-gun resources!
4 posted on 05/20/2009 11:34:22 AM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: neverdem

requires all residents to store their handguns in a locked container or disabled with a trigger lock....

The NRA will take them to task!.....


5 posted on 05/20/2009 11:35:33 AM PDT by AngelesCrestHighway
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To: neverdem

****release the hounds!!!!*****


6 posted on 05/20/2009 11:36:31 AM PDT by gimme1ibertee (For the sake of our Republic....RAISE HOLY HELL!)
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To: neverdem

It is every patriot’s duty not to follow/regard unjust laws.


7 posted on 05/20/2009 11:40:08 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: neverdem

anyone know if anything like this suit will take place in MA?


8 posted on 05/20/2009 11:49:38 AM PDT by DM1
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To: neverdem
Using the Courts against the Leftists....beautiful!
9 posted on 05/20/2009 11:59:37 AM PDT by BallyBill (Serial Hit-N-Run poster)
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To: gimme1ibertee
****release the hounds!!!!*****


10 posted on 05/20/2009 12:03:38 PM PDT by wastedyears (Iron Maiden's gonna get ya, no matter how far!)
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To: OneWingedShark
unfortunately, that approach gives the tyrants cause to lock you up, which is what they want. better to overthrow the law and/or the tyrants
11 posted on 05/20/2009 12:09:05 PM PDT by paul51 (11 September 2001 - Never forget)
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To: DM1
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.

12 posted on 05/20/2009 12:13:23 PM PDT by neverdem (Xin loi minh oi)
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To: Joe Brower
Don'cha just love these laws? Yeah, you can have a gun, but first, you have to fill the barrel with solder, lock the trigger, and keep it in a safe that takes 15 minutes to open. You must obtain a license, learn to speak French and Chinese, and check in with the gun czar twice a week. You're required to fingerprint each cartridge and send three copies of the prints to your local gun-control bureau. You are required by law to call 911 before using your firearm in an emergency situation. Failure to comply with the tiniest of these regulations (you must be well regulated) will result in an instant felony conviction without due process (you were warned) and a confiscation of all both of the firearms that you are allowed to possess. Get ready to be prosecuted, investigated, chopped, pressed, and folded if you somehow manage to protect yourself with your firearm, but since you are much more likely to die before help can arrive (see above), you'll probably escape that. Best wishes from the zer0 administration.


13 posted on 05/20/2009 12:15:09 PM PDT by TheOldLady
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To: TheOldLady
LOL...sad but true post.

Best to shoot, shovel and shut up in most cases

14 posted on 05/20/2009 12:22:28 PM PDT by Las Vegas Ron (zer0 is doing to capitalism what Kennedy did to health care)
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To: TheOldLady

Certainly one of the best situation summaries I’ve read in a long, long time.


15 posted on 05/20/2009 12:31:22 PM PDT by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
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To: neverdem

The entire state has restrictive gun storage laws, where is the lawsuit against the state?


16 posted on 05/20/2009 3:05:20 PM PDT by CurlyDave
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To: neverdem

Every Freeper should be a member of the NRA or The Second Amendment Foundation.


17 posted on 05/20/2009 3:18:59 PM PDT by Shooter 2.5 (NRA /Patron - TSRA- IDPA)
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To: CurlyDave

Where are you? Are you a member of the NRA?


18 posted on 05/20/2009 3:19:59 PM PDT by Shooter 2.5 (NRA /Patron - TSRA- IDPA)
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To: SuperLuminal
Thanks!

Μολὼνλάβε

19 posted on 05/20/2009 4:18:42 PM PDT by TheOldLady
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To: CurlyDave
The entire state has restrictive gun storage laws, where is the lawsuit against the state?

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.

20 posted on 05/20/2009 5:04:57 PM PDT by neverdem (Xin loi minh oi)
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To: Shooter 2.5
Where are you? Are you a member of the NRA?

Life Member since 1978. In the process of escaping CA for OR.

21 posted on 05/20/2009 5:48:15 PM PDT by CurlyDave
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To: neverdem
You have to find a victim with standing, i.e. someone being prosecuted...

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.

22 posted on 05/20/2009 6:00:47 PM PDT by CurlyDave
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To: CurlyDave

You’re correct.

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.


23 posted on 05/20/2009 6:44:41 PM PDT by neverdem (Xin loi minh oi)
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To: wardaddy; Joe Brower; Cannoneer No. 4; Criminal Number 18F; Dan from Michigan; Eaker; Jeff Head; ...
The Caucasus Tinder Box

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Some noteworthy articles about politics, foreign or military affairs, IMHO, FReepmail me if you want on or off my list.

24 posted on 05/20/2009 7:26:18 PM PDT by neverdem (Xin loi minh oi)
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To: neverdem

Thanks for the ping!


25 posted on 05/20/2009 8:33:43 PM PDT by Alamo-Girl
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To: neverdem
You have to find a victim with standing, e.g. someone being prosecuted...

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.

26 posted on 05/20/2009 10:40:03 PM PDT by CurlyDave
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