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.
However, there are some areas of the law that are outside the control of local governments regardless of how many people voted for a particular law. This is one of them:
The National Rifle Association sued on behalf of gun owners, advocates and dealers the day after the measure passed. The NRA argued that Prop. H overstepped local government authority and intruded into an area regulated by the state. The city agreed to delay enforcement of the measure while the suit was pending.
In today's ruling, Judge James Warren said California law, which authorizes police agencies to issue handgun permits, implicitly prohibits a city or county from banning handgun possession by law-abiding adults.
That law "demonstrates the Legislature's intent to occupy, on a statewide basis, the field of residential and commercial handgun possession to the exclusion of local government entities,'' Warren wrote in a 30-page decision.
The truth is that this is even outside the control of state governments. The Second Amendment to the United States Constitution trumps all. Kim du Toit, who provided the link to this article, sums it up thusly:
I would, just once, like to hear a judge overturn one of these horrible gun ban laws with a simple, declarative sentence like: “This law is just flat-out un-Constitutional. What part of shall not be infringed was unclear to you when you formulated this nonsense?”
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