Explore The NRA Universe Of Websites

APPEARS IN News

Political Report: NRA-ILA Wins Court Victories On Two Coasts

Friday, June 27, 2008

The Supreme Court has handed down its landmark decision in the Heller case, but we must also remember that legal skirmishes over our Second Amendment rights are not limited to the Supreme Court. Before and after the Supreme Court heard oral arguments in Heller, other cases were playing out across the country, with huge implications for the rights of citizens in those jurisdictions. When the situation demands, NRA-ILA goes beyond legislative and political advocacy to defend the Second Amendment in court.

One case began back in 2005, when voters in San Francisco passed Proposition H, a local ordinance prohibiting virtually all city residents from possessing handguns. The ordinance also prohibited all city residents, without exception, from selling, distributing, transferring and manufacturing all firearms and ammunition. The city mayor promoted the ordinance mainly as a political statement. He even acknowledged the likelihood that the handgun ban would not withstand legal scrutiny, but insisted on spending taxpayer funds on his political theatrics.

Once passed, the ordinance could not be allowed to stand. NRA-ILA assembled a strike team of lawyers, local gun owners and other affected groups (from the San Francisco Veteran Police Officers Association, to the Pink Pistols), and filed for a "writ of mandate" to challenge the ordinance the day after it passed. Among many arguments, one stood out as the single most critical--that the ordinance violated the state's preemption statute.

Preemption statutes have long been a legislative priority for NRA-ILA. They prohibit cities, counties and other localities from establishing their own restrictions on firearms ownership, use and possession. Preemption statutes prevent having a patchwork of assorted restrictions varying from one township line to the next, which in turn prevents lawful firearm owners from accidentally becoming criminals by violating obscure local gun laws.

Forty-three states have preemption statutes, and California is one of them. But California's law is not as clear as some others. That's why activist anti-gun groups have been pushing for local gun restrictions in California--and that's why this case was so important.

The trial court agreed with us, and found that Proposition h was, in fact, preempted by state law. City politicians were not content with only wasting a little time and money, so they appealed the decision, claiming the handgun ban was necessary as a crime-fighting measure. The state Court of Appeal not only affirmed the trial court decision, but noted that "[T]he City's arguments fail to acknowledge 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."

Apparently bent on further exhausting taxpayers' money and patience, the city asked the California Supreme Court to review the case. On April 9, the Supreme Court declined the request. It also refused the city's request to cut the anti-gun movement's losses by taking the Court of Appeal decision off the books. So now the decision is final, and it stands as binding precedent against future efforts to pass local bans and restrictions on firearm possession
in California.

Across the country in Philadelphia, a different political battle played out more recently. Here, city politicians had been pushing the state legislature to pass a series of onerous restrictions on firearm owners. The vast majority of state legislators declined the invitation, and the restrictions were voted down. Unwilling to accept defeat, city politicians decided to make a symbolic political statement by passing their
own set of gun bans and restrictions, Sound familiar?

Pennsylvania also has a preemption statute, one that is clear and already tested in the courts. In fact, the city's district attorney advised the city council and mayor that their restrictions were clearly unlawful. But that's where the story takes a twist. Philadelphia Police Commissioner Charles Ramsey--formerly the chief of police in Washington, D.C., and a vocal defender of the D.C.. gun ban--planned on enforcing them anyway. He was quoted as saying, "As far as I am concerned, the laws are valid, and we will act as if this whole conversation with the D.A. just didn';t take place."

So once again NRA-ILA assembled a team of lawyers, local groups and affected individuals, and sued the city in court. And we immediately succeeded in gaining a restraining order against enforcement of the ordinances. Now, Commissioner Ramsey will have to occupy himself looking for real criminals to arrest.

But the legal work of your NRA-ILA will not be finished with these cases, nor with whatever verdict the Supreme Court may render in District of Columbia v. Heller. Our rights will continue to be tested by headline-hungry politicians, and any time the Second Amendment is on trial, NRA-ILA will be there in its defense.

TRENDING NOW
Rep. Sheri Biggs Introduces Legislation to Ensure Ability to Ship Firearms

News  

Thursday, May 1, 2025

Rep. Sheri Biggs Introduces Legislation to Ensure Ability to Ship Firearms

On April 28, 2025, Representative Sheri Biggs (R-SC-03) introduced the Protecting the Mailing of Firearms Act (H.R. 3033). This legislation will remove the arbitrary prohibition on the mailing of handguns and ammunition via the United States Postal ...

New Hampshire: Hearing on Firearms Safety Training in Schools This Week

Monday, May 5, 2025

New Hampshire: Hearing on Firearms Safety Training in Schools This Week

On Friday, May 9th, the House Criminal Justice and Public Safety Committee will hold a hearing on an amendment to SB 54 that would require NRA's Hunter Education and Eddie Eagle GunSafe programs to be taught in New Hampshire Schools. 

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

News  

Monday, May 5, 2025

Anti-gun Lawmakers Attempt to Ban Essential Second Amendment Arms

On April 30, Sen. Adam Schiff (D-Calif.) introduced the so-called “Assault Weapons Ban of 2025.” Picking up where his predecessor Dianne Feinstein left off, Schiff’s legislation would ban commonly-owned semi-automatic firearms, such as the AR-15.

Maine: Anti-Gun Bills Receive Bipartisan Opposition in Committee

Thursday, May 8, 2025

Maine: Anti-Gun Bills Receive Bipartisan Opposition in Committee

On Wednesday, May 7th, the Joint Standing Committee on Judiciary voted on several gun-related bills. After a lengthy discussion, all anti-gun bills received bipartisan opposition.

Not Your Father’s DOJ: Government Actively Backs Second Amendment in Litigation

News  

Monday, May 5, 2025

Not Your Father’s DOJ: Government Actively Backs Second Amendment in Litigation

It has, in theory, always been the sworn duty of the U.S. Department of Justice (DOJ) to uphold the constitutional rights of American citizens and to affirmatively protect fundamental liberties. 

Kansas Supreme Court Enforces PLCAA in High Profile Case

News  

Monday, May 5, 2025

Kansas Supreme Court Enforces PLCAA in High Profile Case

Last week, the Kansas Supreme Court upheld a significant district court dismissal in Johnson v. Bass Pro Outdoor World, LLC, deciding that Bass Pro Outdoor World and Beretta USA/Beretta Italy cannot be sued by a man who ...

Oregon: Senate Hearing Scheduled for Gun-Control Omnibus Bill

Thursday, May 8, 2025

Oregon: Senate Hearing Scheduled for Gun-Control Omnibus Bill

On Monday, May 12th, the Senate Rules Committee will hold a hearing on Senate Bill 243, an omnibus gun-control bill. The hearing is scheduled to begin at 1pm.  

Missouri: Firearms Preemption Bill Passes House Committee

Wednesday, May 7, 2025

Missouri: Firearms Preemption Bill Passes House Committee

Yesterday, May 6th, the House General Laws Committee passed House Bill 726, strengthening firearms preemption laws, by a vote of 7-1. 

Partisan Due Process Renaissance Excludes American Gun Owners

News  

Monday, May 5, 2025

Partisan Due Process Renaissance Excludes American Gun Owners

An observer of American political discourse can’t go anywhere these days without being bombarded by reproachful references to the importance of “due process.”

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.