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Proposition H was a local ordinance on the November 8, 2005 ballot in San Francisco, California, which gained national attention for its banning of most firearms within the city. The measure passed with a yes vote of 123,033 to a no vote of 89,856. The proposition was later struck down in court.
Proposition H sought to restrict handgun possession among San Francisco residents within city limits to police and certain security professionals, and to ban the manufacture, distribution, sale and transfer of firearms and ammunition within the city. Limited exceptions to the proposition would have allowed residents to possess handguns only if required for specific professional purposes. For example, San Francisco residents who are security guards, peace officers, or active members of the U.S. armed forces would be permitted to possess handguns while on duty. The San Francisco Board of Supervisors enacted penalties for violation of this ordinance, including mandatory jail time. Until April 1, 2006, residents would have been able to surrender their handguns to any district station of the San Francisco Police Department or the San Francisco Sheriff's Department without penalty (no refund of buying cost was planned).
The measure was placed on the ballot with supporting signatures from Supervisors Tom Ammiano, Chris Daly, Bevan Dufty and Matt Gonzalez. [1]
Supervisor Michela Alioto-Pier initially supported the ordinance but formally withdrew her sponsorship on February 23, 2005.
The City population of San Francisco is at least 805,235, without counting people not registered, or travelling/working in the metro area. [2]
| Choice | Votes | % |
|---|---|---|
 Yes | 123,033 | 53.56 |
| No | 89,856 | 39.12 |
| Invalid or blank votes | 16,825 | 7.32 |
| Total votes | 229,714 | 100.00 |
Proposition H would have taken effect January 1, 2006, but enforcement was suspended by litigation.
On June 13, 2006, in the case of Fiscal v. City and County of San Francisco (Case No. CPF-05-505960), San Francisco Superior Court Judge James Warren struck down the ban, saying local governments have no such authority under California law. Judge Warren sided with the National Rifle Association, Second Amendment Foundation, and other petitioners represented by Chuck Michel of Trutanich-Michel, LLP, in Long Beach, California, who sued on behalf of gun owners, advocates and dealers the day after the measure passed. [3] Judge Warren wrote in his 30-page ruling that "Proposition H is adjudged invalid as preempted by state law." [1]
The judge's decision was not without precedent considering a California appeals court nullified an almost identical San Francisco gun ban on exactly the same grounds in 1982. [4]
The City appealed Judge Warren's ruling, but lost by a unanimous decision from the three judge panel in the Court of Appeals issued on January 9, 2008. On February 19, 2008, San Francisco asked the California Supreme Court to review Court of Appeal's decision. The state Supreme Court reached a unanimous decision on April 9, 2008 that rejected the city's appeal and upheld the lower courts' decision.
In October 2008, San Francisco was forced to pay a $380,000 settlement to the National Rifle Association and other plaintiffs to cover the costs of litigating Proposition H. [5]
On June 28, 2010, the Supreme Court decided that the Second Amendment applied to the states in the case McDonald v. City of Chicago , striking down all handgun bans nationwide.
Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws vary considerably, and are independent of existing federal firearms laws, although they are sometimes broader or more limited in scope than the federal laws.
The Second Amendment Foundation (SAF) is a United States nonprofit organization that supports gun rights. Founded in 1974 by Alan Gottlieb and headquartered in Bellevue, Washington, SAF publishes gun rights magazines and public education materials, funds conferences, provides media contacts, and has assumed a central role in sponsoring lawsuits.
In the United States, open carry refers to the practice of visibly carrying a firearm in public places, as distinguished from concealed carry, where firearms cannot be seen by the casual observer. To "carry" in this context indicates that the firearm is kept readily accessible on the person, within a holster or attached to a sling. Carrying a firearm directly in the hands, particularly in a firing position or combat stance, is known as "brandishing" and may constitute a serious crime, but that is not the mode of "carrying" discussed in this article.
The Firearms Control Regulations Act of 1975 was passed by the District of Columbia city council on June 29, 1976, and went into effect September 24, 1976. The law banned residents from owning handguns, automatic firearms, or high-capacity semi-automatic firearms, as well as prohibited possession of unregistered firearms. Exceptions to the ban were allowed for police officers and guns registered before 1976. The law also required firearms kept in the home to be "unloaded, disassembled, or bound by a trigger lock or similar device"; this was deemed to be a prohibition on the use of firearms for self-defense in the home. On June 26, 2008, in the historic case of District of Columbia v. Heller, the Supreme Court of the United States determined that the ban and trigger lock provisions violate the Second Amendment.
District of Columbia v. Heller, 554 U.S. 570 (2008), was a landmark decision of the U.S. Supreme Court ruling that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms in the United States, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home, and that the District of Columbia's handgun ban and requirement that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock" violated this guarantee. It also stated that the right to bear arms is not unlimited and that guns and gun ownership would continue to be regulated. It was the first Supreme Court case to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense or whether the right was intended for state militias.
Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.
Guy Montag Doe v. San Francisco Housing Authority is a lawsuit filed by the National Rifle Association the day after the United States Supreme Court decided in District of Columbia v. Heller that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for private use. The complaint against San Francisco challenges the city's ban of guns in public housing.
Roger Thomas Benitez is a senior United States District Judge of the U.S. District Court for the Southern District of California. He is known for his opinions striking down several California gun control laws.
Nordyke v. King was a case in the United States Court of Appeals for the Ninth Circuit in which a ban of firearms on all public property and whether the Second Amendment should be applied to the state and local governments is to be decided. After several hearings at different levels of the federal court system, Alameda County, California promised that gun shows could be held on county property, essentially repudiating its ordinance.
McDonald v. City of Chicago, 561 U.S. 742 (2010), was a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment and is thereby enforceable against the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller (2008) as to the scope of gun rights in regard to the states.
Gun laws in New York regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New York, outside of New York City which has separate licensing regulations. These regulations are very strict in comparison to the rest of the United States.
Gun laws in the District of Columbia regulate the sale, possession, and use of firearms and ammunition in the U.S. federal district of District of Columbia.
Gun laws in Illinois regulate the sale, possession, and use of firearms and ammunition in the state of Illinois in the United States.
Gun laws in Maryland regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Maryland.
Gun laws in Pennsylvania regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Pennsylvania in the United States.
Moore v Madigan is the common name for a pair of cases decided in 2013 by the U.S. Court of Appeals, 7th Circuit, regarding the constitutionality of the State of Illinois' no-issue legislation and policy regarding the carry of concealed weapons. The plaintiffs, Michael Moore, Mary Shepard and the Second Amendment Foundation, sought an injunction against Illinois attorney general Lisa Madigan, Illinois Governor Patrick Quinn, and other named defendants, barring them from enforcing two key provisions of the Illinois Statutes prohibiting public possession of a firearm or other weapon.
People v. Aguilar, 2 N.E.3d 321, was an Illinois Supreme Court case in which the Court held that the Aggravated Unlawful Use of a Weapon (AUUF) statute violated the right to keep and bear arms as guaranteed by the Second Amendment. The Court stated that this was because the statute amounted to a wholesale statutory ban on the exercise of a personal right that was specifically named in and guaranteed by the United States Constitution, as construed by the United States Supreme Court. A conviction for Unlawful Possession of a Firearm (UPF) was proper because the possession of handguns by minors was conduct that fell outside the scope of the Second Amendment's protection.
A high-capacity magazine is a magazine capable of holding more than the usual number of rounds of ammunition for a particular firearm.
New York State Rifle & Pistol Association, Inc. v. City of New York, New York, 590 U.S. ___ (2020), abbreviated NYSRPA v. NYC and also known as NYSRPA I to distinguish it from the subsequent case, was a case addressing whether the gun ownership laws of New York City, which restrict the transport of a licensed firearm out of one's home, violated the Second Amendment to the United States Constitution, the U.S. Constitution's Commerce Clause, and the right to travel. It was the first major gun-related case that the Supreme Court had accepted for review in nearly ten years, after District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010). After the Supreme Court agreed to hear the case, New York City and New York state amended its laws to allay the challenged provision. In a per curiam decision in April 2020, the Supreme Court determined that the case was moot, vacating and remanding the case to lower courts to determine "whether petitioners may still add a claim for damages in this lawsuit with respect to New York City's old rule".
Miller v. Bonta is a pending court case before the United States Court of Appeals for the Ninth Circuit concerning California's assault weapon ban, the Roberti–Roos Assault Weapons Control Act of 1989 (AWCA). Judge Roger Benitez of the U.S. District Court for the Southern District of California struck down the ban in a ruling on June 5, 2021. A three-judge panel of the Ninth Circuit issued a stay of the ruling on June 21, 2021, leaving the ban in place as appeals were litigated. The case was known as Miller v. Becerra before Rob Bonta succeeded Xavier Becerra as Attorney General of California in April 2021.
