A federal judge on Wednesday refused to issue a preliminary injunction blocking San Francisco’s new ban on possession of ammunition magazines that hold more than 10 rounds, and so the law will take effect as planned on April 7.
The state’s assault weapon ban has forbidden such magazines’ manufacture, sale or transfer since 2000, but let people who owned them before then keep them. San Francisco supervisors on Oct. 29 unanimously approved a ban that 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 San Francisco Veteran Police Officers Association, backed and represented by the National Rifle Association, sued in November to prevent the new law from taking effect. But U.S. District Judge William Alsup issued a 12-page ruling Wednesday that concluded immediate enforcement is in the public interest.
“In assessing the balance of equities, those rare occasions must be weighed against the more frequent and documented occasions when a mass murderer with a gun holding eleven or more rounds empties the magazine and slaughters innocents,” Alsup wrote. “One critical difference is that whereas the civilian defender rarely will exhaust the up-to-ten magazine, the mass murderer has every intention of firing every round possible and will exhaust the largest magazine available to him. On balance, more innocent lives will be saved by limiting the capacity of magazines than by allowing the previous regime of no limitation to continue.”
The judge also noted that 86 percent of mass shootings in the past 30 years involved at least one magazine that could hold more than 10 rounds, and more people are injured and killed per mass shooting with such magazines than without. “San Francisco’s interest in preventing another Sandy Hook tragedy constitutes a ‘critical public interest.’”
A spokesman for Chuck Michel, the NRA’s West Coast counsel, said the plaintiffs will appeal Alsup’s ruling.
City Attorney Dennis Herrera issued a statement applauding the decision.
“The U.S. Supreme Court has been very clear that state and local governments are constitutionally entitled to enact reasonable firearms regulations, and that Second Amendment rights aren’t unlimited,” he said. “Unfortunately, the NRA is pushing a radical litigation strategy that goes far beyond what’s reasonable. I’m grateful to the district court for drawing that distinction in persuasive terms.”