View Full Version : Stay Lifted in Lawsuit Challenging Unconstitutional Ammo and Self Defense Bans in SF

CRPA News and Updates
09-30-2010, 8:55 AM
The NRA/CRPAF’s Legal Action Project is currently supporting a lawsuit challenging three unconstitutional ordinances that restrict the rights of San Francisco gun owners. The challenged ordinances ban all ammunition that "serves no sporting purpose,” completely prohibit the discharge of any firearm in the City (even for self-defense), and require all firearms in homes to be disabled with a trigger lock or stored in a manner that makes the firearm useless for immediate self-defense.

The case, Jackson v. San Francisco, had been stayed along with most other lawsuits challenging California firearms laws pending the resolution of the Nordyke v. Alameda case, which is still pending in the Ninth Circuit Court of Appeals. But in the wake of the recent McDonald v. Chicago decision by the United States Supreme Court applying its Heller v. District of Columbia Second Amendment ruling to state and local governments, and despite the fact that the Nordyke case has not been concluded, NRA/CRPA Foundation lawyers asked the Court to remove the stay and let the case proceed. On September 13, 2010, the Court granted the request, despite the City’s opposition.

To view Plaintiffs’ Motion for Relief from Stay and the Court’s Order Granting Plaintiffs’ Motion, visit www.calgunlaws.com (http://www.calgunlaws.com), or click the direct links below.

Now that the stay has been lifted, NRA/CRPA Foundation lawyers are rapidly moving forward with appropriate court filings to stop the San Francisco laws from being enforced and to have them declared unconstitutional.

The strategic litigation is being funded exclusively by the NRA and the CRPA Foundation. The case should serve as a strike against unconstitutional local gun control efforts, to ensure that similar restrictions will never be passed at the state level, to restore Second Amendment rights in California, and to maximize the potential for success in other current and future litigation efforts.

Seventeen years ago the NRA and CRPA joined forces to fight local gun bans being written and pushed in California by the gun ban lobby. Their coordinated efforts became the NRA/CRPA "Local Ordinance Project” (LOP) - a statewide campaign to fight ill conceived local efforts at gun control and educate politicians about available programs that are effective in reducing accidents and violence without infringing on the rights of law-abiding gun owners. In recent years cities in California, and now in other states as well, have been bombarded with gun ban lobby anti-gun proposals, including proposed complete bans on the possession of semi-automatic firearms misnamed "assault weapons” (where that term is defined far more broadly than under the state law) and misclassified "sniper rifles,” bans on magazines that hold over ten rounds, one-gun-per-month restrictions, ammo sales registration bureaucracies, "trigger lock” laws that prohibit many guns from being sold because no trigger lock exists that fits the gun, "safe” storage laws that would make criminals of those who keep a gun ready to use for self-defense, ultra restrictive zoning laws that put gun dealers out of business, gun show bans, oppressive gun and ammo taxes, and most recently, pending proposals to ban ammo sales entirely and to ban "ultra-compact” handguns (any gun under 6 3/4 inches long or under 4 ½ inches tall). The NRA/CRPA LOP has had tremendous success in beating back most of these anti-self-defense-civil-rights proposals, and several more lawsuits challenging some of these ordinances are pending.

In addition to fighting local gun bans, for decades the NRA has been litigating dozens of cases in California courts to promote the right to self-defense and the 2nd Amendment. In the post Heller v. District of Columbia legal environment, NRA and CRPA Foundation have formed the NRA/CRPA Foundation Legal Action Project (LAP), a joint venture to fight proactively to strike down ill-conceived gun control laws and ordinances and advance the rights of firearms owners, specifically in California.

Sometimes the chances of success are greater when LAP's litigation efforts are kept low profile, so the details of every lawsuit are not always released. But to see a partial list of the Legal Action Project's recent accomplishments, or to contribute to the NRA / CRPAF LAP and support this and similar Second Amendment cases, visit www.crpafoundation.org (http://www.crpafoundation.org). All donations made to the CRPA Foundation will directly support litigation efforts to advance the rights of California gun owners.

Also, please register at www.calgunlaws.com (http://www.calgunlaws.com) and www.crpa.org (http://www.crpa.org) to receive up to the minute updates on this and other California litigation efforts as it becomes available. CalGunLaws.com is produced by Michel & Associates as a pro bono effort to keep attorneys and interested firearm owners informed on the existing laws and latest legal developments in California. It includes a link to the highly effective www.calnra.com California legislative status and grassroots action page.

Plaintiff’s Motion for Relief from Stay (http://www.calgunlaws.com/images/stories/Docs/Jackson_SF/motion%20for%20relief%20from%20stay.pdf)

Declaration of C.D. Michel in Support of Plaintiff’s Motion for Relief from Stay (http://www.crpa.org/_e/page/1587/Declaration%20of%20C.D.%20Michel%20in%20Support%20 of%20Plaintiff’s%20Motion%20for%20Relief%20from%20 Stay)

Order Granting Plaintiff’s Motion for Relief from Stay (http://www.calgunlaws.com/images/stories/Docs/Jackson_SF/order%20granting%20motion%20to%20lift%20stay.pdf])

Amended Complaint (http://www.calgunlaws.com/images/stories/Docs/Jackson_SF/amended%20complaint.pdf)

Exhibit A to Amended Complaint (http://www.calgunlaws.com/images/stories/Docs/Jackson_SF/exhibit%20a%20to%20amended%20complaint.pdf)

10-01-2010, 6:34 AM
I just joined the CRPA a few weeks ago. I'm glad my money is going to help stick it to those anti-pansies whining about "the children".

10-29-2010, 7:15 PM
Wazzup wit' dat? Or this?

A friend and fellow San Francisco city resident just received 2 cases of 12 Ga. today, (from a rather mjr retailer...).


I was under the impression that retailers were absolutely terrified at the prospect of shipping ammo to Baghdad by the Bay™, (aka: SF)?

:willy_nilly::59: Have things changed already or is 'pal' being set-up for a MAJOR F e d takedown?!!! :willy_nilly::59: *

Not like it was on the down-low or anything...


*OFO - Obligatory Forum Overreaction.

11-01-2010, 11:32 AM
I just joined the CRPA a few weeks ago. I'm glad my money is going to help stick it to those anti-pansies whining about "the children".

Thanks much for your support!

Purple K
11-01-2010, 12:06 PM
I think it's time for me to upgrade to life member.

11-01-2010, 4:01 PM
I think it's time for me to upgrade to life member.

Very cool -- you might consider attending the Gala in Feb 2011 to celebrate your upgrade :)

11-01-2010, 4:07 PM
Thank you, from a lifetime member of the NRA and CRPA

Someone needs to put together a list of all the things that the NRA is doing here in Cali to answer the critics who ask, "What has the NRA done for California"

11-04-2010, 1:06 PM
Someone needs to put together a list of all the things that the NRA is doing here in Cali to answer the critics who ask, "What has the NRA done for California"

Here is a list of some of NRA and CRPA's pending litigation efforts in California alone and its accomplishments just in the last two years (note this list is not exhaustive and not totally updated). Feel free to copy and paste this list wherever you see such criticism.



Parker v. State of California - Lawsuit challenges California’s AB 962, which requires vendors to store “handgun ammo” so customers can’t access it, and starting February 1, 2011, to register all “handgun ammo” sales and require transactions of “handgun ammo” be face-to-face, prohibiting internet sales. Plaintiff’s Motion for Preliminary Injunction to stop the law from taking effect will be heard November 17th.
Peruta v. County of San Diego - Lawsuit challenges San Diego’s strict requirements for obtaining a CCW, and may resolve the legal question of whether the right “to bear arms” means a right to carry a handgun. Plaintiffs’ Motion for Partial Summary Judgment will be heard November 15th!
Jackson v. City of San Francisco - Lawsuit challenges San Francisco ordinances requiring residents to keep handguns locked up in their own homes, banning the discharge of firearms, even in self-defense, and banning many types of ammo from being sold. Plaintiffs recently successfully petitioned the court to have a stay lifted, and are rapidly moving forward with motions for Preliminary Injunction and Summary Judgment, while many other cases in California remain stayed pending resolution of Nordyke v. King.
OOIDA v. Lindley - NRA has joined with the Owner Operator Independent Drivers Association and the Calguns Foundation to challenge the face-to-face requirement of AB 962 in a separate lawsuit in federal court.
Doe v. San Francisco Housing Authority - Lawsuit successfully challenged San Francisco’s ban on possessing firearms in public housing.
The ban was rescinded. This case was recently used to help NRA lawyers in Delaware where a similar ban existed.
McDonald v. Chicago - Recruited 38 California and eight elected District Attorneys from Nevada, along with law enforcement officials in both California and Nevada to file an amicus brief in the Supreme Court supporting incorporation of the Second Amendment.
Millender v. County of Los Angeles - Filed a joint amicus brief challenging the ability of law enforcement to write over-broad search
warrants used to seize firearms unrelated to crimes.
CBD v. Bureau of Land Management, et al. - Intervened on behalf of hunters in an Arizona lawsuit in which radical environmental groups sued the BLM to prohibit the use of lead ammunition for hunting in the Arizona Strip, a classic hunting area.
People v. Saleem - Filed amicus letter in Supreme Court of California. Though the case did not involve firearms, the Saleem opinion would be a great tool in combating vague firearm laws in the future. The Supreme Court recently rejected the case, and CRPA Foundation is currently preparing a new Amicus requesting that the opinion now be republished so that it may be cited in future challenges to vague firearms laws!
Nordyke v. King - Each filed an amicus brief urging the Ninth Circuit to adopt a “strict scrutiny” standard of review for firearm restrictions.

More lawsuits are pending and will be filed VERY SOON!


CBD v. CA Fish & Game, et al. - Opposing radical environmental groups’ efforts to restrict hunting in Mojave National Preserve.
California Fish and Game Commission - Gathering thousands of records from agencies involved with the condor recovery, and working with scientists to debunk the pseudo-science being used to support the theory of condor death from lead ammo ingestion. Helped convince the Commission to vote against a proposal to ban lead .22 rimfire and shot for use in hunting squirrels and game birds, and, most recently, convinced the Commission to reject consideration of future lead ammo regulations. Lead ammo ban efforts are expanding and our fight is too!


Richmond - Prepared a lawsuit against the City of Richmond and served the City with a pre-litigation demand letter to repeal its ban on the possession of large-capacity magazines. City Council repealed the ordinance rather than litigate.
San Mateo County - Served a pre-litigation letter that prompted the sponsor of several LCAV Model Ordinances to pull consideration of those anti-gun owner ordinances, including a dealer regulation scheme that would make it practically impossible to sell guns in that county.
Desert Hot Springs - Successfully opposed an ordinance that would have banned possession of firearms on almost all public property.
Berkeley - Served City with pre-litigation letter which resulted in the repeal of an ordinance prohibiting possession of semiautomatic-rifles.
Fairfield - Successfully opposed an ammo sales registration ordinance.
Long Beach - Successfully opposed an ammunition registration ordinance. These efforts revealed the dubious uses of records by law enforcement in other jurisdictions, including running suspicionless background checks of law abiding gun owners, which LAP lawyers continue to monitor.
Santa Clara - Successfully opposed an ordinance that would have prohibited all firearms in Santa Clara City parks, even for CCWs!


San Diego - Worked with a consortium of shooting ranges in San Diego County since early 2009 to oppose certain proposed revisions to the San Diego County Code that would impose drastic new limitations on target shooting in the unincorporated portions of San Diego County.
Airport Mesa - Investigated BLM Shooting Closure near the town of Jacumba, California. This investigation included the review of documents obtained from the federal government and interviews with federal employees and members of the public affected by the closure.
LA Harbor- Reviewed status of Los Angeles Police Department’s permit with the Navy for the LAPD Harbor Range. The Harbor Range was open to the public until 2001 (and briefly reopened thereafter). These efforts hope to see the range reopened to the public in the coming years.

Other examples of range protection efforts are ongoing statewide.


Gary Tudesko - Handled appeal that reinstated high school student Gary Tudesko who was expelled for leaving unloaded shotguns in his truck parked off-campus after early morning duck hunting. The case received national news coverage.


Mayors Against Illegal Guns - Submitted letters to California members of MAIG warning of the group’s anti-gun-owner positions and urging them to renounce membership, and obtained MAIG’s secret “Blueprint for Federal Action on Illegal Guns,” intended only for the White House.
“Assault Weapons” & 80% Firearms - Litigating definition of “assault weapon” for firearms and parts, including the legality of “flash suppressors” LAPD classifies as “grenade launchers,” and the definition of a “zip gun,” and the right to “make” a firearm from incomplete parts.
LCAV - Monitored communications with local governments, and released a LCAV memo explaining its modus operandi for obtaining legal help.
Memoranda - Produced dozens of legal opinion memoranda and assisted countless NRA/CRPA members with firearms legal issues.

11-04-2010, 1:10 PM
^^^Nice, well done^^^

11-04-2010, 6:11 PM
I think it's time for me to upgrade to life member.

Very cool -- you might consider attending the Gala in Feb 2011 to celebrate your upgrade :)

I've been waiting until the gala to convert my membership to lifetime, myself :D

11-05-2010, 5:35 AM
I've been waiting until the gala to convert my membership to lifetime, myself :D

Great... if we get Purple K to show up, we'll have another person to swap Calguns trading cards with - lol

I'm bringing a pair of shooting friends that night. My ulterior motive to get them to join once they see all the fun we have ;)

Purple K
11-10-2010, 7:47 PM
You expect them to join AFTER meeting us.... Lol

11-11-2010, 5:38 AM
You expect them to join AFTER meeting us.... Lol

Absolutely ;)

Doug L
11-20-2010, 3:35 PM
Here is a list of some of NRA and CRPA's pending litigation efforts in California alone and its accomplishments just in the last two years...

Keep up the good work!

You're doing what the rest of us can only do vicariously.