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Knimrod
12-12-2005, 02:13 AM
Appeals Court Rejects NRA Petition Against Gun Ban
Dec 11, 2005 3:22 pm

The California Court of Appeals will not be handling a suit that condemns San Francisco's Proposition H gun ban, which passed on the November 8 Special Election, after rejecting a petition to keep the suit out of trial court.

On November 9 the National Rifle Association filed a suit in San Francisco’s Court of Appeals declaring the ban violates state and federal law.

The California Court of Appeals rejected that petition on Friday, San Francisco City Attorney Dennis Herrera's Office reported.

"In rejecting the NRA's petition, the Court of Appeal has apparently recognized that there are legitimate issues involving municipal powers and the will of the voters that need to be litigated in the trial court," City Attorney spokesman Matt Dorsey said in a statement.

Joining the NRA in the suit are the Second Amendment Foundation, the California Association of Firearm Retailers, and Law Enforcement Alliance of America, as well as several individuals, according to Dave Workman, editor of the Second Amendment Foundation's Gun Week magazine.

If the measure is upheld in the courts it will prohibit the possession, manufacture, distribution, sale and transfer of firearms and ammunition in the city, which supersedes state law and is much more severe than gun bans in Chicago and Washington, D.C., according to the NRA.

Under Proposition H, current gun owners would be made to hand over their firearms.

Though this is a bump in the road for the NRA, the rejection of the petition by the appellate court does not mean the case has been thrown out, Herrera's office reported.

Rather, it means the suit will be handled in a trial court, which will likely be a lengthier process, Herrera's office reported.

"If the NRA was expecting a slam dunk in the appellate court, they didn’t get it," Dorsey said.

Link to story (http://cbs5.com/topstories/local_story_345182727.html)