Posted on 01/01/2005 7:07:15 PM PST by Blood of Tyrants
SAN FRANCISCO — The city that bucked state law and sanctioned gay marriage is now taking aim at the constitutional right to bear arms by proposing a ban in San Francisco on private ownership of all handguns.
"When you get guns out of people's homes and off the streets, it means that that gun is not going to be used in a shooting that kills someone, whether a murder or an accidental shooting," said Chris Daly, supervisor of San Francisco.
(Excerpt) Read more at foxnews.com ...
All one has to do is look at gangs to know that anyone who wants a weapon can have one.
Regardless of whether you have been a felon or not you can get a weapon at any time or place.
There is always someone willing to provide a gun(market forces at work).
Maybe that's the point. More laws, more criminals, more jails, more cops, bigger government, more taxes, more perks and bennies for politicians. Will it ever end? Nope. The nature of government is to create a vacuum where none exists and then fill it with subjects.
Not to mention Mare Dudleys sh*tcage
This law would be blatantly illegal and would not survive a legal challenge. SF already tried a very similar scheme in the early 1980s and was slapped down by the California Court of Appeal.
Basically, the licensing and regulation of firearms are entirely within the realm of the Legislature.
See Doe v. San Francisco, (1982) 136 Cal.App.3d 509 and California Government Code 53071.
"A municipal ordinance which banned possession of handguns within the municipality but exempted from the ban persons authorized to carry handguns pursuant to Penal Code, § 12050 et seq., and persons authorized to sell handguns pursuant to Penal Code, § 12070, was invalid by reason of preemption by state law.
Although the ordinance did not mention the word "license" or "permit" and it did not establish a licensing procedure of any kind, it was, in effect, a local regulation relating to licensing, and was therefore expressly preempted by Gov. Code, § 53071, which states the Legislature's intention that the provisions of the Penal Code 'shall be exclusive of all local regulations, relating to registration or licensing of commercially manufactured firearms.'
Moreover, even if Gov. Code, § 53071, were construed so narrowly as not to preempt the ordinance, the ordinance was invalid by reason of its conflict with Penal Code, § 12026, which states that no permit or license to purchase, own, possess, or keep any firearm shall be required of any U.S. citizen over 18 years old.
Further, Penal Code, § 12026, which also states that Penal Code § 12025, pertaining to unlawfully carrying concealed firearms, shall not be construed to prohibit citizens from ownership or possession of firearms permits the inference that the Legislature intended to occupy the field of residential handgun possession to the exclusion of local governmental entities, since a restriction on requiring permits and licenses necessarily implies that possession is lawful without a permit or license."
There's also an AG's opinion on point that agrees with the above:
"A California city does not have the legislative authority to prohibit the possession of operative handguns within the city even if law enforcement officers are excluded from the prohibition. Charter cities as well as general law cities are subject to general state laws governing the possession of firearms and the implied preemption of that field of legislation by the California Legislature."
65 Ops. Cal. Atty. Gen. 457.
Hope this helps!
bootless wrote
"If this is the case, the closest I'll ever get to being in SF is going to the boat ramp of Pac Bell Park."
I think thats wrong....isnt it Pac Fudge park????
Sorry....I'm a Red stater traped in the body of a Blue state. and an eastern one to boot.....dont know bout Sam Clams Disco.....
Chris Daly is dumber than dirt! ROFLMAO
lol.
Actually, it's now SBC Park. But my jacket says PacBell Park, and I'll call it that anyway.
The Giants crowd is actually pretty beefy ... there's still a good bit of the Candlestick ruff-n-tuff crowd (for real) there. The gloss of the new park is off a little, and the fashionable fair-weather fans have gone to do something else. The real Giants fans (that's us!) remain.
When gun ownership is made criminal, then only criminals will own guns.
I think you're doing a better job of that than most of us, thanks. And you're right.
I was talking about the anti-gunners and marriage destroyers, not you guys! Sorry I didn't make that clear.
If FoxNews wants to be "fair and balanced", you'd think they would tell us what has happened in places like London where armed assaults are up, or perhaps quote John Lott whose More Guns Less Crime documents the benefits of an armed populace.
The saddest epitaph which can be carved in memory of a vanished liberty is that it was lost because its possessors failed to stretch forth a saving hand while yet there was time.--Justice George Sutherland
Got to love your screen name, the top military sniper of all time. 500+ kills in three months using iron sights and a WWI rifle :)
Sadly, our cherished 2nd Amendment survives not because of the citizen's understanding of our founding fathers brilliance or the inalienable right to self defense.....it survives because politicians know that it has become the third rail of politics.....
Not in DC or NY City.
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