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http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/01/09/BAQIUC21G.DTL&tsp=1
Appeals court won't reinstate S.F. handgun ban
Bob Egelko, Chronicle Staff Writer
Wednesday, January 9, 2008
(01-09) 11:53 PST SAN FRANCISCO - A state appeals court refused today to revive a ban on handgun possession in San Francisco, saying the measure that city voters approved in November 2005 conflicts with state law.
The First District Court of Appeal in San Francisco agreed with a June 2006 ruling by Superior Court Judge James Warren, who said local governments in California have no authority to prohibit handguns. Warren said a California law that authorizes police agencies to issue concealed-weapon permits implicitly forbids a city or county to ban handgun possession by law-abiding adults.
The San Francisco measure, Proposition H, would have outlawed possession of handguns by all city residents except law enforcement officers and others who needed guns for professional purposes. It also would have forbidden the manufacture, sale and distribution of any type of firearms and ammunition in San Francisco.
Prop. H was challenged by the National Rifle Association, which sued on behalf of gun owners, advocates and dealers the day after voters passed the measure, 58 percent to 42 percent. Enforcement has been suspended since the suit was filed.
In today's 3-0 ruling, the appeals court cited its own 1982 decision overturning a San Francisco ordinance that prohibited handgun possession within city limits.
Sponsors of Prop. H had hoped to comply with that ruling by drafting a narrower measure that applied only to San Francisco residents. But the court said the 1982 decision properly interpreted state law as "depriving local entities of any power to regulate handgun possession on private property."
The court declined San Francisco's request to allow the city to enforce the ban on the manufacture or sale of rifles and shotguns, saying the city must first rewrite the ordinance to narrow its scope.
Noting the existence of state gun laws, Presiding Justice Ignazio Ruvolo said, "When it comes to regulating firearms, local governments are well advised to tread lightly."
