Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: Lawsuit Filed Against San Francisco Ban on Possession of Standard Capacity Firearm Magazines

Tuesday, November 19, 2013

Today, the San Francisco Veteran Police Officers Association (SFPOA) has filed a lawsuit, supported by the National Rifle Association, in federal court challenging San Francisco’s recent ban on the possession of magazines capable of holding more than ten rounds.  The Second Amendment-based legal challenge is part of a campaign of nationwide litigation filed and supported by a variety of law enforcement officers and associations to confirm that the Second Amendment protects these common standard-capacity magazines for self-defense and sport shooting.

                                 

Today, standard-capacity magazines capable of holding more than ten rounds are commonly possessed by millions of law-abiding citizens for a variety of lawful purposes in the United States.  These purposes include target practice, shooting competitions, hunting, and, most importantly, self-defense.  The Supreme Court has affirmed that self-defense is the “central component” of the Second Amendment.

 

The San Francisco Veteran Police Officers Association represents the retired officers from the San Francisco Police Department.  SFPOA is joined in this lawsuit by several individual San Francisco residents who wish to possess these magazines for self-defense or sporting purposes.

 

The majority of law enforcement in the United States acknowledges that banning standard-capacity magazines capable of holding more than ten rounds will not increase public safety.   There is now a growing trend of law enforcement organizations actively opposing and challenging these measures in court.  In Colorado, a broad coalition of law enforcement officials filed suit against that state’s recently-enacted ban on common magazines.  Earlier this year in New York, the State Sheriffs Association, the Law Enforcement Legal Defense Fund and individual law enforcement officers filed an amicus brief in support of a challenge to the State’s ban on common rifles and magazines.  And in Connecticut, a coalition of individual law enforcement officers and the Law Enforcement Legal Defense Fund filed another legal brief in support of pending challenge to similar laws.

 

The San Francisco ordinance essentially allows confiscation of any prohibited magazines and, because of state laws restricting their transfer, they cannot be replaced.  San Francisco’s ordinance is set to take effect on December 8, 2013.  Residents, including retired police officers, will then have until March 8, 2014 to turn their lawfully-possessed magazines over to the police, remove them from the City in the few cases where it might be legal, or transfer them to a licensed firearms dealer.

 

The lawyers at Michel & Associates representing the plaintiffs will seek an injunction to prevent San Francisco from enforcing this law.  Plaintiffs are prepared to appeal this case as high as necessary to have the City’s misguided ordinance declared unconstitutional.  This Second Amendment issue may ultimately be addressed by the United States Supreme Court.

 

Firearms equipped with magazines capable of holding more than ten rounds have been around for nearly two centuries.  Although the San Francisco ordinance incorrectly describes the banned magazines as “large-capacity,” the truth is that magazines with capacities of more than ten rounds are standard for many common handguns and long guns and have been for hundreds of years.   Millions of firearms that have been sold in the United States come from the manufacturer with magazines capable of holding more than ten rounds.

 

As most gun owners already know, standard-capacity magazines hold the number of cartridges the firearm was designed to operate with.  Reduced-capacity magazines are those whose capacity is artificially limited from an original design.  By allowing residents and visitors to San Francisco to only possess reduced-capacity magazines, San Francisco has arbitrarily limited the number of rounds that its law-abiding residents have to protect themselves and their loved ones.  Hunters and sport shooters traveling through San Francisco with these magazines also can be prosecuted, even if they are unaware of this law.

           

The City’s decision to arbitrarily limit its residents to magazines holding a maximum of ten rounds endangers the public by giving violent criminals an advantage and decreasing the likelihood that a victim will survive a criminal attack.  Of course, criminals who wish to carry out violent attacks will not be thwarted by the City’s restriction.  Criminals will simply continue to do what they have always done – buy and possess magazines on the black market or carry multiple firearms to complete their violent crimes.

 

A ballot measure enacting a similar ordinance was recently passed in Sunnyvale, California.  Litigation supported by the NRA is already in the works to challenge that law when the Sunnyvale City Council certifies the vote and the measure then formally becomes law.

 

To assist in the fight against these attacks on gun owners’ rights in California, please donate to the NRA Legal Action Project today.  For a summary of the many actions the NRA’s legal team at Michel & Associates has taken on behalf of California gun owners, click here.

          

Second Amendment supporters should also be careful about supporting litigation efforts promised by other individuals and groups without access to the necessary funding, relationships, firearm experts and experienced lawyers on the NRA’s national legal team.  The NRA’s team of highly regarded civil rights attorneys and scholars has the resources, skill and expertise to maximize the potential for victory.

TRENDING NOW
Shocker! Joe Biden Exercises Presidential Authority to Expand Access to Firearms

News  

Monday, December 23, 2024

Shocker! Joe Biden Exercises Presidential Authority to Expand Access to Firearms

No, that is not a headline from a satirical news site. Indeed, it may come as a surprise to many (and perhaps even to the man himself), but Joe Biden has in two short days ...

U.S. Supreme Court Lets Hawaii Off With a Warning … For Now

News  

Monday, December 23, 2024

U.S. Supreme Court Lets Hawaii Off With a Warning … For Now

Last February, we reported on the judicial equivalent of a temper tantrum emanating from the Hawaii Supreme Court over the U.S. Supreme Court’s Second Amendment jurisprudence. 

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

Friday, December 20, 2024

Michigan: Anti-Gun Legislation Passed in the Middle of the Night Heads To Governor’s Desk

With the sun setting on the 2023-2024 legislative session, yesterday the Michigan Senate held a marathon session lasting over 24 hours. While citizens were sleeping, anti-gun lawmakers were able to pass two pieces of legislation, ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

North Dakota: State Supreme Court Strikes Down Home Firearms Sales Ban in Fargo

Monday, December 23, 2024

North Dakota: State Supreme Court Strikes Down Home Firearms Sales Ban in Fargo

On Thursday, December 19th, the North Dakota Supreme Court upheld a lower court decision to dismiss a lawsuit brought by the city of Fargo against the state legislature to block House Bill 1340, a bill passed in ...

EXPLORE Act Heads to Joe Biden’s Desk with Strong Bipartisan Support

News  

Monday, December 23, 2024

EXPLORE Act Heads to Joe Biden’s Desk with Strong Bipartisan Support

The U.S. government manages approximately 28% of the nation’s landmass for purposes that include preservation and development of natural resources and outdoor recreation. 

Young Guns: Poland, Argentina Reconsider Rules on Youths and Firearms

News  

Monday, December 23, 2024

Young Guns: Poland, Argentina Reconsider Rules on Youths and Firearms

Poland has reportedly become the first European Union (EU) country to make training in firearms compulsory for school students

Canada Announces New Gun Bans, More Gun Control on the Horizon

News  

Monday, December 9, 2024

Canada Announces New Gun Bans, More Gun Control on the Horizon

On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

News  

Monday, December 16, 2024

Concealed Carry Permit, Gun Sale Numbers Stay Strong in 2024

The Crime Prevention Research Center (CPRC) has released the latest in its series of annual reports on trends in concealed carry permits in America.

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

News  

Friday, December 13, 2024

Here We Go Again: Anti-gun States Simultaneously Sue Law-Abiding Gunmaker

Last week, the anti-gun attorneys general of Minnesota and New Jersey filed nearly simultaneous lawsuits against firearm maker Glock, essentially claiming the company was violating the laws of those states by making guns that are too easy to illegally ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.