Urbin Report

Thursday, January 10, 2008

A civil rights victory in San Francisco

By way of Alphecca comes the good news:

A 2005 voter-approved ban on gun sales and handgun possession in The City was shot down again — this time in the California Court of Appeals.

All three state appellate judges hearing The City’s appeal of a 2006 San Francisco Superior Court decision against the prohibition agreed Wednesday that the law was invalid because state law pre-empted it.

Judge Ignazio Ruvolo, who wrote the decision, took issue with portions of Proposition H that banned the sale, manufacture, transfer or distribution of ammunition of firearms as well as the ban of handgun possession.

“The sheer breadth of Prop. H makes it vulnerable to a pre-emption challenge,” Ruvolo wrote. “We wish to stress that the goal of any local authority wishing to legislate in the area of gun control should be to accommodate the local interest with the least possible interference with state law.”