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
Talking Turkey: Spanberger Admits Legislation Bans Firearms “Frequently Used” for Lawful Purpose

News  

Tuesday, May 26, 2026

Talking Turkey: Spanberger Admits Legislation Bans Firearms “Frequently Used” for Lawful Purpose

Anti-gun arrogance, or incompetence, is reaching new heights.

NRA Files Lawsuit Challenging Maryland’s Glock Ban

Wednesday, May 27, 2026

NRA Files Lawsuit Challenging Maryland’s Glock Ban

The National Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation filed a lawsuit yesterday challenging Maryland’s ban on Glock and Glock-style handguns.

New York:  Gov. Kathy Hochul and Democrat Majorities Use The Budget to Adopt Gun Ban

Saturday, May 23, 2026

New York: Gov. Kathy Hochul and Democrat Majorities Use The Budget to Adopt Gun Ban

On Thursday, May 21, the New York Senate and Assembly used the State Budget as a vehicle to not only finance state government but also to pass a handful of their other policy priorities. 

New ATF Director Tells Congress Agency Committed to Rebuilding Trust with the Industry, Federal Firearms Licensees, Lawful Gun Owners

News  

Tuesday, May 26, 2026

New ATF Director Tells Congress Agency Committed to Rebuilding Trust with the Industry, Federal Firearms Licensees, Lawful Gun Owners

America’s Second Amendment community had some insights into the outlook of the newly confirmed ATF Director Robert Cekada, when he recently testified before the House Oversight Committee’s Subcommittee on Federal Law Enforcement. 

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

Bloomberg’s Concealed Carry Policy Guide Built on Bureaucracy, Not Public Safety

News  

Tuesday, May 26, 2026

Bloomberg’s Concealed Carry Policy Guide Built on Bureaucracy, Not Public Safety

Anti-gun extremist Michael Bloomberg thankfully commands fewer headlines these days. But policy efforts like the latest “Public Carry Permitting Model Policy Guide”  from the Johns Hopkins School of Public Health’s Center for Gun Violence Solutions still ...

NRA-ILA Applauds House Passage of Veterans Protection Bill

News  

Thursday, May 21, 2026

NRA-ILA Applauds House Passage of Veterans Protection Bill

Today, the U.S. House of Representatives passed H.R. 1041, the Veterans 2nd Amendment Protection Act. This bill, sponsored by Chairman Mike Bost (R-IL-12) would reverse a controversial and deeply troubling policy that stripped veterans of ...

Illinois: Semi-Auto Glock Ban Eligible for Floor Vote

Friday, May 22, 2026

Illinois: Semi-Auto Glock Ban Eligible for Floor Vote

Yesterday, the House Gun Violence Prevention Committee passed HB 4471. The bill is now eligible for a floor vote.

Cert Petition Filed in NRA-Supported Challenge to Maryland’s “Sensitive Places” Carry Restrictions

Wednesday, May 20, 2026

Cert Petition Filed in NRA-Supported Challenge to Maryland’s “Sensitive Places” Carry Restrictions

A petition for a writ of certiorari has been filed in the NRA-supported case, Kipke v. Moore, seeking Supreme Court review of Maryland’s sweeping carry restrictions enacted under the Gun Safety Act of 2023.

Massachusetts Officials Embrace Gun Control, Avoid Crime Control, and Force Citizen Action

News  

Monday, May 18, 2026

Massachusetts Officials Embrace Gun Control, Avoid Crime Control, and Force Citizen Action

Massachusetts has among the most restrictive gun control laws in the country. The Bay State is one of an exceedingly small group of states, along with Illinois, to require a license to merely own any ...

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.