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Appeals Court Upholds San Francisco Gun Laws Challenged by NRA

| March 25, 2014
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A customer shops for a pistol at Freddie Bear Sports sporting goods store on December 17, 2012 in Tinley Park, Illinois. (Scott Olson/Getty Images)

A customer shops for a pistol at Freddie Bear Sports sporting goods store in 2012 in Tinley Park, Ill. (Scott Olson/Getty Images)

By Associated Press

SAN FRANCISCO — A federal appeals court on Tuesday upheld two San Francisco gun laws challenged by the National Rifle Association and gun owners who live in the city.

San Francisco requires handgun owners to secure weapons in their homes by storing them in a locker, keeping them on their bodies or applying trigger locks. The city also bans the sale of ammunition that expands on impact, has “no sporting purpose” and is commonly referred to as hollow-point bullets.

The San Francisco-based 9th U.S. Circuit Court of Appeals said the requirements are reasonable attempts to increase public safety without trampling on Second Amendment rights.

Judge Sandra Ikuta, writing for the unanimous three-judge panel, said modern gun lockers can be opened quickly and “may be readily accessed in case of an emergency.” She also said that gun owners concerned about safety can carry them around the home as well.

As for the ammunition ban, Ikuta said San Francisco residents were free to buy the banned bullets outside city limits. That limitation “imposes only modest burdens on the Second Amendment right,” she said.

Chuck Michel, the lead attorney on the NRA-backed lawsuit, said he would ask the appeals court to rehear the case before a special 11-judge panel. Michel said he would petition the U.S. Supreme Court to hear the case if the 9th Circuit rejects his bid for another hearing.

“Self-defense is not a sport,” Michel said. San Francisco’s gun restrictions are among the strictest in the nation, he said.

A spokesman for San Francisco City Attorney Dennis Herrera said the ruling validates the city’s goal to lessen gun violence.

“This is about public safety,” Herrera spokesman Gabriel Zitrin said.

The same court last month struck do

wn the requirement of California applicants for concealed-weapons permits to show they had a “good cause” to carry a gun outside the home. The court said law-abiding citizens who receive the proper training need show only a desire for self-defense to receive a permit to carry a handgun in public.

California Attorney General Kamala Harris has asked the 9th Circuit to convene an 11-judge panel to reconsider the concealed-weapons permit ruling.

Here’s the San Francisco Chronicle’s story on the court’s decision:

http://www.sfgate.com/bayarea/article/Court-backs-S-F-s-gun-storage-law-hollow-point-5348612.php

 

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  • Tyronewheatley

    Got to give the criminal a chance. put your gun under your pillow or in a coffee can or strapped to the front door that’s a safe. who are these idiots to tell you what a safe is. oh I forgot lock you gun in a safe with a trigger guard the Aholes in SF want you to give the criminal a chance to squeeze off a few rounds in your direction.

  • Jarontefphonesslewis

    The more and more we hear about courts of perverts subverting the US Constitution the more we realize that America is turning into the planet of the apes. damn apes Obama jarret, michelle, etc look what you’ve done.

  • mrwheaton

    In your house you don’t have to put your guns in a safe or lock them no matter what the court tells you. Your house is protected from brown shirt SF Fs. But the hollow points you can have them also no matter what a brown shirt SF Fs tells you. First time a criminal is stopped with a hollow point let them tell you that you broke the law and SF Fs will be the laughing stock they already are. first time some innocent person defending life and limb gets killed because their gun was locked up and that allowed the criminal to kill them that blood is on the 9th circuits hands.

  • pstaylor

    yes, taking steps to reduce the amount of accidental gun deaths is basically fascism.

  • Anonymous

    Gun accidents aren’t just some random occurrence. Sure, they happen if you’re being irresponsible, which can be alieviated by proper training, which is required in many states to get your permit anyway.
    Getting mugged on the street however, is a random occurrence, and while it’s more likely to occur in some areas more than others, no place in the world is without strife and violence. The personal defense of your life/property is central to why the 2nd Amendment was written.
    Of course I can’t expect anything from San Francisco, after all, that’s Diane Feinstein’s territory.