San Fran gun ban passes
Word is that the SF referendum on a city gun ban passed yesterday. It reportedly outlaws and authorizes confiscation of all handguns, and prohibits future transfers of rifles and shotguns. From what I've heard, it's in violation of the State pre-emption laws. NRA has announced it'll sue (see extended entry below).
Hint to anyone proposing a pre-emption statute, or want to put teeth in it: insert a provision for attorneys' fees and perhaps damages. Otherwise, a city can and will go ahead and enact one anyway, and figure if anyone objects to the illegality they've have to lay out thousands in legal fees to do anything about it.
[UPDATE: Just received an email from Don Kates, stating that he and Chuck Michel have filed suit challenging it as a violation of the state pre-emption laws.]
NRA to File Lawsuit Challenging
San Francisco Gun Ban
Fairfax, VA - Even with opposition from San Francisco law enforcement and major media outlets, Proposition H -- a measure banning the lawful possession, sale and manufacture of handguns and ammunition within city limits -- passed yesterday. The National Rifle Association (NRA) will file a lawsuit challenging this severe gun ban.
NRA Executive Vice President Wayne LaPierre stated, "We are disappointed, but this fight is just beginning. Lawful residents of San Francisco are being stripped of their freedom because of an illegal measure that defies common sense. We will fight this outrageous assault on the rights of law-abiding San Franciscans and I believe that we will prevail."
Many San Francisco residents who initially supported the ban changed their opinion after NRA and local volunteers began voter education efforts throughout the city. The campaign received an additional boost when the San Francisco Police Officers Association condemned the gun ban, declaring it would "nullify the personal choice of city residents to lawfully possess a handgun for self-defense purposes." Major San Francisco newspapers also voiced opposition to Proposition H.
In response to the passage of this proposition, NRA will lead a coalition of organizations to immediately file a lawsuit against this illegal ban in San Francisco. Proposition H, in addition to violating federal guarantees, also violates various California state laws and is therefore preempted.
Chris W. Cox, NRA's chief lobbyist, concluded, "This is a hollow victory for the gun control lobby because this scheme is in clear violation of California law. We will file suit and fight this to the highest courts in the country until good sense prevails once again in San Francisco."