The 9th U.S. Circuit Court of Appeals has upheld a lower court’s refusal to block San Francisco’s requirement that handguns be locked up when they’re not being carried, and the city’s ban on sale of hollow-point ammunition.
The National Rifle Association, an organization of former police officers and several individuals sued in 2009. A federal judge in 2012 refused to issue a preliminary injunction blocking the rules’ enforcement; a three-judge panel of the appeals court affirmed that ruling Tuesday.
The plantiffs had argued that there are times – such as when sleeping or bathing – that carrying a handgun is impractical, yet having to retrieve the weapon from a locked box or trigger lock could impair their right to self-defense. San Francisco argued that firearm injuries are the third-leading cause of death in the city, and having unlocked firearms in the home increases risk of gun-related injury, especially to children.
“San Francisco has drawn a reasonable inference that mandating that guns be kept locked when not being carried will increase public safety and reduce firearm casualties,” Circuit Judge Sandra Ikuta wrote.
And the hollow-point ammo ban “does not prevent the use of handguns or other weapons in self-defense,” the judge wrote. “The regulation in this case limits only the manner in which a person may exercise Second Amendment rights by making it more difficult to purchase certain types of ammunition.”
San Francisco’s evidence more than “fairly supports” its conclusion that hollow-point bullets are more lethal than other types of ammunition, Ikuta wrote.
The court recognizes the significance of the Second Amendment right to keep and bear arms, “but we also recognize that the Second Amendment right, like the First Amendment right to freedom of speech, may be subjected to governmental restrictions which survive the appropriate level of scrutiny,” she wrote. “Because San Francisco’s regulations do not destroy the Second Amendment right, and survive intermediate scrutiny, the district court did not abuse its discretion in concluding that Jackson would not succeed on the merits of her claims.”
Chuck Michel, the NRA’s West Coast counsel, issued a statement saying there’s “confusion and inconsistency” about what legal standards to use when evaluating Second Amendment challenges.
“This case provides a perfect vehicle for these important issues to be resolved, either by the Ninth Circuit en banc or by the Supreme Court, and we will seek review immediately,” Michel said. “We are hopeful that the Supreme Court will clarify that it meant what it said in its decisions from 2008 and 2010 — that the Second Amendment is not a second class constitutional right.”
The NRA more recently has sued to block enforcement of San Francisco’s new ban on possession of ammunition magazines that hold more than 10 rounds. A federal judge in February refused to issue a preliminary injunction blocking the ordinance’s enforcement, so it’s scheduled to take effect April 7.