Gun groups urge Supreme Court to take up SF gun case

Gun groups urge Supreme Court to take up SF gun case

gun wikimedia SIG pro semi-automatic pistolMore than a dozen Second Amendment groups are asking the U.S. Supreme Court to take up a high-profile challenge to a San Francisco gun-control measure.

Led by the Firearms Policy Coalition, gun groups say the Ninth Circuit Court of Appeals erred in its decision to uphold San Francisco’s safe-storage law.

Under the ordinance implemented in 2007, the city “requires all residents who keep handguns in their homes for self-defense to stow them away in a lock box or disable them with a trigger lock whenever they are not physically carrying them on their persons.”

The groups referenced the 2007 case before the U.S. Supreme Court, District of Columbia vs. Heller, which upheld an individual right to “keep and bear arms” in the Second Amendment.

“The court should grant certiorari to reaffirm key principles concerning the scope and substance of the Second Amendment,” the groups wrote in their amicus brief. “Many lower courts have taken great pains to avoid the consequences of these decisions — defying a fundamental constitutional limitation this court made explicit in Heller. … At the forefront of this resistance is the lower courts’ refusal to follow this court’s command, made in Heller and reiterated in McDonald, that Second Amendment claims are not to be judged by unrestrained judicial interest balancing.”

Gun groups point to Heller decision

Last March, a unanimous three-judge panel of the Ninth Circuit Court of Appeals upheld the local restrictions on gun ownership, finding that gun storage mandates save lives.

“The record contains ample evidence that storing handguns in a locked container reduces the risk of both accidental and intentional handgun-related deaths, including suicide,” Judge Sandra Ikuta wrote in the ruling for the panel. She added that gun safes “may be readily accessed in case of an emergency.”

San Francisco wikimediaSecond Amendment groups have focused their arguments on the legal precedents, arguing that San Francisco’s regulations contradict the Heller decision, as well as McDonald vs. Chicago in 2009, which held the Second Amendment also applied to state laws.

“The Ninth Circuit’s lamentable decision in Jackson shows why it is the most overturned circuit court in the nation,” said Firearms Policy Coalition President Brandon Combs, one of the state’s leading gun rights activists. “The Supreme Court should take up this case not only to correct a clear wrong, but to stem the tide of judicial resistance in recognizing the right to keep and bear arms as fundamental Constitutional rights.”

He added, “The Second Amendment doesn’t protect second-class rights, and it’s time for courts to take the enumerated right to keep and bear arms at least as seriously as they do unenumerated rights like abortion.”

Other gun groups that have joined the Firearms Policy Coalition in filing the friend-of-the-court brief include the Second Amendment Foundation, the Calguns Foundation, Firearms Policy Foundation and California Association of Federal Firearms Licensees.

San Francisco City Attorney has “faith in the judiciary”

Six San Francisco residents, with the help of the National Rifle Association and the San Francisco Veteran Police Officers Association, first challenged the safe storage law in 2009. The case underscores the lengthy process of seeing gun-control restrictions ultimately become established law.  Long after the press conferences and publicity stunts, government attorneys struggle to defend the restrictions.

Scales of justice, wikimedia“I have complete faith in the judiciary to affirm our position that San Francisco’s gun safety laws protect the public in a manner that’s both reasonable and constitutional,” San Francisco City Attorney Dennis Herrera said in a 2013 press release on the case. “San Francisco has been a top target of the NRA for many years, and I’m proud of the efforts we’ve made to aggressively battle these legal challenges, and protect sensible gun laws that can save lives.”

As CalWatchdog.com has previously noted, the nation’s leading Second Amendment advocacy groups have begun to shift their efforts from the California Legislature to the courthouse. Since 2009, The Calguns Foundation has found great success in its legal challenges, which have targeted the implementation of concealed weapon permits and mandatory waiting periods.

A copy of the brief in the case of Espanola Jackson, et al. vs. City and County of San Francisco, et al., can be viewed at the Firearms Policy Coalition’s website.

13 comments

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  1. Bruce
    Bruce 27 January, 2015, 11:04

    Seconds is the difference between life and death, just ask Traci Johnson of Stillwater, Oklahoma, the woman who almost became the second beheading victim. Common sense and the understanding criminals do not obey laws. Society will never, ever, reach utopia.
    Psychotic drugs do harm and are part of the issue. The Isla Vista (Santa Barbara) massacre started with three murdered by knife, then the automobile as a weapon, before gunshots were fired by a mentally unstable person. Where’s the outcry for taking away knives and vehicles.
    Never a perfect society, but those that want to disarm citizens must answer this question. You are trapped with thirty seconds to live before being shot to death by a gun-yielding criminal who is not obeying laws. Do you wish you had superior firepower?

    Reply this comment
  2. Donkey
    Donkey 27 January, 2015, 17:51

    Bruce, you are right on my friend, “shall not be infringed” says it all!! 🙂

    Reply this comment
  3. NTHEOC
    NTHEOC 27 January, 2015, 21:15

    Lol, you would fit right in over in Somalia Bruce! Heck, you could mount your superior firepower right in the back of your truck. Btw Bruce, there’s a group of parents from sandy hook that would like to have a word with you!!!

    Reply this comment
  4. Ulysses Uhaul
    Ulysses Uhaul 28 January, 2015, 00:20

    Move on.

    300 million guns out there.

    Over one million service personnel served in the wars on terror.

    Criminal population increases at far greater rate than natural population increases.

    Guns are here to stay!

    Reply this comment
  5. Hondo
    Hondo 28 January, 2015, 14:32

    Home invasion robberies, apparently, have passed street robberies, in numbers. I am an apartment manager and my apartment is my home and office. I accept rent and sometimes cash. In any case, the bad guys may think I have lots of cash when all I have is checks. It is sometimes uncomfortable to carry my pistol at all times in my office. I do have my pistol hidden near my desk and near my front door. There are no kids, ever, in my office, and if there were, I would secure the gun before letting a child in my place. I always check the peep hole before I open the door. In any case, when the door is kicked in, I would have only a couple seconds, at most, to get to my gun.
    People who own and work in small businesses and accept payment are put in a terrible disadvantage in California. Just go to U tube and look at victims of home invasions where they cooperated with the criminals only to be executed anyways. Police say its a ‘robbery gone wrong’. But that’s the whole point of robbery, your money or your life. When a robber kills someone, that’s not a ‘robbery gone wrong’, that’s the whole point of robbery.
    Less than two months ago, I was the victim of an attempted strong arm robbery, till he I showed him the framing hammer I was carrying, on the way to fix a back door. He took off and wasn’t caught. That was the second time someone had tried to rob me. Several of my tenants have been robbed and beaten. None of the bad guys have been caught.
    I was once for gun control. But now, it is obvious to me, the police, and society, either can’t, or won’t, protect me.
    Hondo……

    Reply this comment
    • Bruce Morgan
      Bruce Morgan 28 January, 2015, 19:42

      The police can help you…eleven minutes (on average) after you call. That sucks, your situation.

      Reply this comment
    • bob
      bob 28 January, 2015, 21:08

      “None of the bad guys have been caught.”

      But I thought the cops with their 6 figure salaries and pensions and twelve packs of donuts are heroes….make that super heroes.

      Reply this comment
  6. The Africanized Swarm of Ted Steele System
    The Africanized Swarm of Ted Steele System 28 January, 2015, 18:22

    LOL Remember when the Doomers out here ALL said Pres Obama would grab their guns????

    LOL– like the death panels– it never happened—–LMAO the Doomera just keeps on spinning!

    Reply this comment
    • bob
      bob 28 January, 2015, 21:06

      I was wondering whatever happened to the Africanized Swarm.

      Reply this comment
    • afrequentreader
      afrequentreader 29 January, 2015, 10:01

      How quickly we forget the famous yet incredibly callous comment by former HHS Sebelius aka supersillious. “…some live and some die…” with respect to the dying girl who needed a lung transplant, but wasn’t considered a candidate due to her age. And a quote from a respected website Forbes…”But IPAB is so much more. Whether by design or by accident, IPAB can impose taxes, appropriate funds, and ration care – with virtually no oversight from Congress, the president, the courts, or voters.” Hmmm…sure sounds like a decision could be made to deny someone’s continued health care and result in their untimely death.

      And it’s not that Obama hasn’t tried to increase gun control. If it wasn’t for the 2A, which doesn’t seem to matter to him as the Constitution is merely a “piece of paper” which he can’t be bothered with, he would have rolled out even more Executive action after action to slowly but surely unarm the citizenry. Oh BTW, http://thecaucus.blogs.nytimes.com/2014/01/03/obama-announces-gun-control-actions/

      Reply this comment

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