Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California Appeals Court Strikes Down San Francisco Handgun Ban

Friday, January 11, 2008

On January 9, the California Court of Appeals agreed with a lower court ruling that struck down San Francisco's handgun ban as a violation of California's state preemption law.  The ruling was in response to an NRA-led challenge to the ban.   

The city law, passed as Proposition H on the 2005 ballot, prohibited handgun possession, as well as firearms and ammunition manufacturing or sales.  For law-abiding residents, the law was even more severe than the handgun bans in Washington, D.C. or Chicago.  Unlike those cities, San Francisco had no "grandfather clause," so San Francisco residents would have had to dispose of handguns within 90 days. 

The case underscores the importance of NRA-backed state preemption laws.  Forty-three states have preemption statutes.  California's version prohibits local governments from banning handgun possession, and from establishing their own licensing and registration systems. In its decision, the court noted that California already has nearly 100 pages of state gun laws, and that "the state and local acts are irreconcilable, clearly repugnant, and so inconsistent that the two cannot have concurrent operation." 

San Francisco's last try at banning handguns, led by then-Mayor Dianne Feinstein, also ran afoul of the state's preemption law according to the Court of Appeals in 1982.  In the current case, the appeals court noted that there was "no subsequent case which has overruled, disapproved of, or even sought to limit or clarify [the 1982] decision." 

San Francisco claimed that the gun ban was necessary as an anti-crime measure.  The court rejected that idea, noting, "[T]he City's arguments fail to acknowledge that the ordinance will affect more than just criminals. It will also affect every City resident who has not, through some demonstration of personal disability or irresponsibility, lost his or her right to possess a handgun." 

The idea that there is a right to possess a handgun at all would be news to San Francisco's district attorney, Kamala Harris.  Sworn in for a second term the same day the Court of Appeals decision was announced, Harris announced that her office would join other cities to file a "friend of the court" brief defending the District of Columbia handgun and self-defense ban. 

Coming just as Supreme Court briefs are being filed in the Washington, D.C. case, the San Francisco decision is an important reminder that the Second Amendment isn't the only basis for challenging even the most extreme anti-gun laws.  While it's unknown at press time whether the city will appeal to the California Supreme Court, NRA's legal team will continue the practical approach that has brought victory, so far, for the long-suffering gun owners of San Francisco.

TRENDING NOW
Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

News  

Monday, April 13, 2026

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

It’s only two months into one-party Democrat rule in the Old Dominion, and Virginians don’t like what they’re seeing.

Australia’s National Gun Buyback Already an “Extinct Policy”

News  

Monday, April 13, 2026

Australia’s National Gun Buyback Already an “Extinct Policy”

The ineffectual virtue-signaling that so-called gun “buybacks” represent is finally being exposed on a global level, given the massive problems with the Canadian, and now the Australian, federal government gun bans and grabs.

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Friday, April 10, 2026

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Today, the generally assembly passed SB 334, a ban on many common semi-automatic handguns, it now heads to the governor’s desk

Virginia: Governor Spanberger Signing Away Your Rights

Friday, April 10, 2026

Virginia: Governor Spanberger Signing Away Your Rights

Today, April 10th, Governor Spanberger met the expectations of her anti-gun allies, signing two bills into law. This action sets the tone for what may come next as she has until April 13th to render a ...

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

News  

Monday, April 13, 2026

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

The rapid expansion of regulations targeting 3D printed firearms is increasingly raising justifiable concerns apart from the Second Amendment community.

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

News  

Monday, April 13, 2026

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

In a development that will shock absolutely nobody acquainted with the realities of gun control, there was another security breach of firearm owner data maintained by a government agency.

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

As bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Gov. Abigail Spanberger (D) is seeking to make it even worse.

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

Thursday, April 9, 2026

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

On Monday, April 13th at 10:00 AM, the Senate Committee on Appropriations will hear Senate Bill 948, legislation aimed at dramatically expanding the scope and requirements of California's Firearm Safety Certificate.

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Tuesday, April 14, 2026

Kentucky: Legislature Overrides Governor Beshear's Vetoes on Pro-Gun Bills

Today, April 14th, the legislature convened for a veto override session, and successfully overrode Governor Andy Beshear's vetoes of House Bill 78 and House Bill 312.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.