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
New Jersey: Attorney General Sends Subpoenas to Statewide FFLs Seeking Customer Records

Saturday, May 16, 2026

New Jersey: Attorney General Sends Subpoenas to Statewide FFLs Seeking Customer Records

Last year, the New Jersey Attorney General’s Office filed a lawsuit against Glock, Inc. under the state’s public nuisance law. This week, in connection with that lawsuit, FFLs across the state started receiving subpoenas demanding ...

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. 

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

News  

Monday, May 5, 2025

UPDATE: Legislation Introduced to Protect Veterans’ Second Amendment Rights

The Chairmen of the House and Senate Committees on Veterans’ Affairs, U.S. Representative Mike Bost (R-IL-12) and Senator Jerry Moran (R-KS), as well as Senator John Kennedy (R-LA), have reintroduced the Veterans 2nd Amendment Protection Act ...

Virginia: Spanberger Doubles Down on Semi-Auto Ban, NRA Doubles Down on Lawsuits

Thursday, May 14, 2026

Virginia: Spanberger Doubles Down on Semi-Auto Ban, NRA Doubles Down on Lawsuits

On the night of May 14th, Governor Spanberger once again proved she has no concern for the 2nd Amendment by signing SB749/HB217 - legislation that bans certain semi-automatic firearms, including many semi-automatic rifles, pistols and ...

New York Times Acknowledges Semi-Auto Rifles Aren’t Just Common, But “Ubiquitous”

News  

Monday, May 18, 2026

New York Times Acknowledges Semi-Auto Rifles Aren’t Just Common, But “Ubiquitous”

In the landmark U.S. Supreme Court case District of Columbia v. Heller (2008), that acknowledged the Second Amendment protects the individual right to keep and bear arms, Justice Antonin Scalia noted some of the arms ...

NRA Announces State Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Thursday, May 14, 2026

NRA Announces State Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Today, the National Rifle Association announced the filing of a state lawsuit challenging Virginia’s newly enacted bans on “assault firearms” and magazines capable of holding more than 15 rounds.

Tell Your Member of Congress to Protect Veterans Second Amendment Rights!

News  

Friday, May 15, 2026

Tell Your Member of Congress to Protect Veterans Second Amendment Rights!

The U.S. House of Representatives is expected to vote as early as next week on the Veterans 2nd Amendment Protection Act.

Reading, Writing and Overreacting: Tiny Toy Leads to School “Weapon” Suspension

News  

Monday, May 18, 2026

Reading, Writing and Overreacting: Tiny Toy Leads to School “Weapon” Suspension

Parents and others have expressed concerns over a continuing decline in student literacy rates and math skills. At the same time, there’s a worrying erosion of common sense and critical thinking on the part of ...

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 ...

NRA Files Federal Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Thursday, May 14, 2026

NRA Files Federal Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Today, the National Rifle Association, Firearms Policy Coalition, Second Amendment Foundation, and two NRA members filed a lawsuit challenging Virginia’s newly enacted bans on “assault firearms” and magazines capable of holding more than 15 rounds.

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.