It's an American Dream, Includes Gun Owners Too

Brian Doherty | January 30, 2008

A lawsuit from a gaggle of gun rights groups and citizens got some love from the California Court of Appeals, which decided this month that the city of San Francisco's ban on almost all handgun ownership and on any sale of guns or ammunition (known as Proposition H, passed in 2005) doesn't jibe with existing state law and is pre-empted by that state law. Excerpt from the decision:

...the key provisions of Prop H, prohibiting the sale of firearms and possession of handguns by City residents, were preempted by Penal Code section 12026, subdivision (b) [prohibiting localities from restricting handgun possession in an individual’s home, business, or private property], Government Code section 53071 [indicating an express intent by the Legislature to occupy the whole field of firearms licensing and registration] and the Unsafe Handgun Act, Penal Code sections 12125-12233 [establishing a protocol for designating which handguns may be sold in California]

Second Amendment Foundation press release.

The full decision.

Newsbusters is mad at how little play this story got.