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NRA sues San Francisco over ammo magazine ban

By Josh Richman
Tuesday, November 19th, 2013 at 11:28 am in gun control, San Francisco politics.

The San Francisco Veteran Police Officers Association, represented by the National Rifle Association, sued San Francisco in federal court Tuesday over the city’s recently enacted ban on possession of ammunition magazines that hold more than 10 rounds.

“Prohibiting the citizens of San Francisco from possessing standard firearm magazines is not an effective means of targeting behavior by violent criminals. The San Francisco Veteran Police Officers Association is challenging this law for that very reason,” said Chuck Michel, the NRA’s West Coast counsel. “This is a misguided effort to dismiss the civil rights of the residents of San Francisco. The Second Amendment forbids the city from banning common firearm magazines that are possessed by law-abiding citizens for lawful purposes.”

San Francisco supervisors on Oct. 29 unanimously approved a ban on possession of ammunition magazines that hold more than 10 rounds. The state’s assault weapon ban has forbidden their manufacture, sale or transfer since 2000, but let people who owned them before then keep them; the city’s possession ban will require owners to get rid of them – turn them over to police, remove them from the city, or transfer them to a licensed firearms dealer – within 90 days, no matter when they were bought.

The ordinance is set to take effect Dec. 8, unless a judge issues an injunction halting that.

The lawsuit filed Tuesday notes that magazines that are in common use for lawful purposes are protected by the Second Amendment, and magazines that hold more than 10 rounds have been around since the 19th century and some standard with many modern firearms.

“Self-defense is the ‘central component’ of the Second Amendment right to keep and bear arms that is at its zenith within the home,” the lawsuit argues. “Millions of individual, law-abiding American citizens are currently in possession of standard-capacity magazines that are capable of holding more than ten rounds, that are now banned by Section 619.”

“Plaintiffs should not have to face criminal prosecution by the City for exercising their constitutional rights to keep and bear constitutionally-protected arms or, alternatively, give up those rights in order to comply with Section 619,” the lawsuit says.

Besides the organization for retired cops, other plaintiffs include several individual San Francisco residents who want to own higher-capacity magazines for self-defense or sporting purposes.

Sunnyvale voters this month approved Measure C, which requires gun owners to notify police within 48 hours of the loss or theft of their firearms, and to keep firearms locked up when not in the owner’s immediate possession. It also requires ammunition sellers to keep buyers’ names for two years, and includes a magazine possession ban similar to San Francisco’s. The NRA has vowed to sue that city, too.

UPDATE @ 12:58 P.M.: This just in from San Francisco City Attorney Dennis Herrera:

“The NRA is continuing its attack on common sense with its lawsuit today, and San Francisco is prepared to litigate aggressively to defend gun safety laws that save lives.

“The NRA is clearly focused on a litigation strategy to push its extremist agenda. But the U.S. Supreme Court—even in expanding the Second Amendment’s scope—has been unequivocal that state and local governments are constitutionally entitled to enact reasonable firearms regulations. The high court has explicitly recognized that the constitution does not extend an unfettered individual right to keep and carry dangerous and unusual weapons. I have faith that the federal judiciary will agree that San Francisco’s gun laws protect public safety in a manner that’s both reasonable and constitutional. San Francisco has been one of the NRA’s top targets for years, and I’m proud of the success we’ve made to protect our sensible gun safety laws.”

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