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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.

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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.

Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

News  

Monday, April 20, 2026

Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

Anti-gun lawmakers in the Empire State are running out of things to ban.

U.S. House Removes Anti-Hunting Language from Farm Bill

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Monday, April 20, 2026

U.S. House Removes Anti-Hunting Language from Farm Bill

Last week, legislators on Capitol Hill delivered a significant victory for hunters and Second Amendment supporters by securing a critical fix to the House Farm Bill (Farm, Food and National Security Act of 2026).  

Trump Administration Shuts Down “Reputation Risk” as a Cudgel Against Gun Industry

News  

Monday, April 20, 2026

Trump Administration Shuts Down “Reputation Risk” as a Cudgel Against Gun Industry

The decades long discriminatory tension between the financial sector and the firearm industry underwent a positive shift with a final rule published on April 10 by the Office of the Comptroller of the Currency (OCC) and the ...

Swalwell’s Career Gets Nuked

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Monday, April 20, 2026

Swalwell’s Career Gets Nuked

One of the most rabidly anti-gun U.S. representatives, Eric Swalwell (D-Cal.), resigned from office last week under a disturbing cloud of accusations. These allegations included claims of sexual misconduct, and even sexual assault.

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.

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.

Maryland:  Legislature Adjourns Sine Die from 2026 Session

Friday, April 17, 2026

Maryland: Legislature Adjourns Sine Die from 2026 Session

This week, the Maryland General Assembly adjourned sine die for the 2026 session.

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.

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.

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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.