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Judge rules voter-approved S.F. handgun ban is illegal
sfgate.com ^ | 06-12-06 | Bob Egelko

Posted on 06/12/2006 4:19:00 PM PDT by steveo

06-12) 16:03 PDT SAN FRANCISCO -- An initiative that San Francisco voters approved last November banning residents from owning handguns violated state law, a Superior Court judge ruled today.

Proposition H, which won a 58 percent majority, would have outlawed possession of handguns by all city residents except law enforcement officers and others who needed the guns for professional purposes. It also would have forbidden the manufacture, sale and distribution of all guns and ammunition in San Francisco.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: banglist; bloat; fmcdh; rkba
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boo-hoo fer them.
1 posted on 06/12/2006 4:19:00 PM PDT by steveo
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To: steveo

Wow, SF.


2 posted on 06/12/2006 4:20:52 PM PDT by cripplecreek (Never a minigun handy when you need one.)
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To: steveo

WOW, a touch of common-sense... from a judge... in SF... WOW.


3 posted on 06/12/2006 4:21:17 PM PDT by loboinok (Gun control is, hitting what you aim at!)
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To: steveo
An initiative that San Francisco voters approved last November banning residents from owning handguns violated state law.

Forget state law...it violates the freakin' 2nd Ammendment!

4 posted on 06/12/2006 4:21:45 PM PDT by The Blitherer ("These are not dark days, these are great days." – W. S. Churchill)
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To: steveo

I don't think handguns should be banned. But should judges be allowed on overrule what voters have decided?


5 posted on 06/12/2006 4:21:54 PM PDT by Daralundy
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To: steveo

That judge had better wear a spitwad-proof vest.


6 posted on 06/12/2006 4:22:51 PM PDT by Dog Gone
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To: Daralundy

Yes, when it really IS unconstitutional.


7 posted on 06/12/2006 4:23:58 PM PDT by The Blitherer ("These are not dark days, these are great days." – W. S. Churchill)
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To: Daralundy

Absolutely. Checks and balances. If voters want to pass a law that violates the constitution, they need to get a constitutional amendment passed, not some local ordinance.

This is exactly the type of thing judges *should* be doing IMO.


8 posted on 06/12/2006 4:24:21 PM PDT by rayvd
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To: Daralundy
But should judges be allowed on overrule what voters have decided?

It depends. If he ruled, as the story says, that the local law violates state law, then it has to be struck down.

Local voters can't change that fact.

9 posted on 06/12/2006 4:25:08 PM PDT by Dog Gone
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To: steveo

Reason prevails.


10 posted on 06/12/2006 4:25:09 PM PDT by Ptarmigan (Ptarmigans will rise again!)
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To: steveo

11 posted on 06/12/2006 4:25:58 PM PDT by Normal4me
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To: steveo

as per post # 4

i would have liked to see a ruling that it violated the 2nd amendment to the US Constitution

what we got here is a reaffirmation of a state's ability to outlaw gun ownership

"overstepped local government authority and intruded into an area regulated by the state."

maybe you have to take these things one step at a time, and overturning this city proposition is certainly a good thing, but we need more


12 posted on 06/12/2006 4:26:05 PM PDT by kralcmot (my tagline died with Terri)
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OMFG!!! NO WAI!


13 posted on 06/12/2006 4:26:10 PM PDT by San Franistan
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To: Daralundy
But should judges be allowed on overrule what voters have decided?

What if some 'voters' said only whites allowed to own property in a city.

14 posted on 06/12/2006 4:28:46 PM PDT by steveo (Fathers Against Rude Television: You may already be a member)
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To: Daralundy
I don't think handguns should be banned. But should judges be allowed on overrule what voters have decided?

Uh...yeah. We're a republic, not a democracy. In a democracy, if a majority of people said it was okay to kill you (and you hadn't done anything wrong), how would you feel about that?

15 posted on 06/12/2006 4:32:17 PM PDT by xrp (Fox News Channel: MISSING WHITE GIRL NETWORK)
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To: steveo

The SF Bay Area is a foreign country. To get just a small glimpse of how foreign it is, find a copy of "The Cuckoo's Egg" by Cliff Stoll. Even though he was an anstronomy major deeply involved in pure hardcore science every day, he and his ilk still lived a bizarre fantasyland hippie dippie life that is virtually unknown outside the bay area and Berkeley. I had to re-read some sections of that book to make sure I understood what those folks were thinking and doing.


16 posted on 06/12/2006 4:34:29 PM PDT by Dumpster Baby ("Hope somebody finds me before the rats do .....")
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To: steveo

17 posted on 06/12/2006 4:34:39 PM PDT by monkapotamus
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To: steveo

I have a CCW permit that is a state permit, albeit issued by my county. As a state permit, it is supposed to be good anywhere in the state. I understand that SF will not honor it. I wish a state court would take SF to task over this issue also. I go there only rarely, but this irks me.


18 posted on 06/12/2006 4:38:11 PM PDT by umgud (FR, NASCAR & 24, way too much butt time)
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To: steveo

bttt


19 posted on 06/12/2006 4:38:21 PM PDT by BenLurkin ("The entire remedy is with the people." - W. H. Harrison)
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To: Daralundy
I don't think handguns should be banned. But should judges be allowed on overrule what voters have decided?

The constitution doesn't require a popular vote to validate it.

20 posted on 06/12/2006 4:38:41 PM PDT by paul51 (11 September 2001 - Never forget)
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