San Francisco Resident - New gun owner

[linuxgunner]

Maybe I'm just slow today, but what do we have to lose if Prop H is tossed? THat there isa precedent? wouldn't having it tossed be good for us so futher attempt at gun ban would have a discouraging predecessor?

Please elaborate.

I for one am strongly on the side of SF for this.

If they win, it means two things:

1. Cities can pre-empt state gun law
2. City gun laws can only apply to their own residents

So let's say that a miracle happens and SF wins this lawsuit. Then Mendocino (or any other city) could take that same logic and say, "as of now, the Assault Weapons Ban has no force for our residents, and our residents can carry without a permit, and oh yeah, NFA weapons are now legal here with only Federal regulation." So they could do that, and anyone who is a Mendocino resident could then carry anywhere in CA without a license, could own CA AWs and have them anywhere in the state, etc.

SF has carefully constructed this law to get around state pre-emption by applying it to city residents only, so it does NOT apply to people who are visiting, passing through, or are otherwise non-residents. That's how they hope to have the law stand up in court. But that's exactly the logic we would want to allow a city like Mendocino to "opt out" of the AWB, etc, and let me own my AW anywhere in the state. And remember, "residence" within a state is not well defined, and you don't have to spend any particular amount of time in any given place to be a "resident".

That would be brilliant, and that's why every gun owner should be hoping for SF to win.

But it will never happen because, we know that state law pre-empts all local gun regs in California.

Oh well.

[atoyf]

Many thanks !

Very nice information. I'm a little sad though, according to some people the law suite is bull and i still will be able to own a gun and live in the city, some say after court is over, i will have to give up my gun or rent a box somewhere at the dealer...

[1911_sfca]

So let's say that a miracle happens and SF wins this lawsuit. Then Mendocino (or any other city) could take that same logic and say, "as of now, the Assault Weapons Ban has no force for our residents, and our residents can carry without a permit, and oh yeah, NFA weapons are now legal here with only Federal regulation." So they could do that, and anyone who is a Mendocino resident could then carry anywhere in CA without a license, could own CA AWs and have them anywhere in the state, etc.

I hope you're kidding, because your "logic" shows no understanding of the law. If SF wins, it will mean that other municipalities can ban their residents from possession/sale/transfer of certain kinds or classes of guns. Period. It does not mean they can ignore state restrictions such as the AWB or federal law.

Get a grip.