Quote of note:
Plaintiffs in the lawsuit -- filed in the first district state Court of Appeal in San Francisco -- also include California Association of Firearm Retailers, two other organizations and seven individual gun owners. They argue that the new handgun ban is virtually identical to a 1982 ordinance that was struck down by the appellate court on the ground that it conflicted with state law.
ELECTION 2005: San Francisco
Lawsuit challenges handgun ban in city
Plaintiffs say Prop. H steps beyond local government authority, treads on state turf
- Bob Egelko, Cecilia M. Vega, Chronicle Staff Writers
Thursday, November 10, 2005
Gun owners and advocates wasted little time Wednesday in challenging San Francisco's newly enacted prohibition on handgun possession by filing a lawsuit in the same court that tossed out a local handgun ban 23 years ago and vowing to, if necessary, use shotguns to protect themselves.
The lawsuit argues that Proposition H, approved Tuesday by 58 percent of the city's voters, oversteps local government authority and intrudes into an area entirely regulated by the state.
But even with the pending court case, some gun owners are preparing for the possibility of having to give up their handguns on Jan. 1, when the law is scheduled to take effect.
"I have a shotgun. I bought it first thing when I heard this was going on the ballot," said Mike Ege, who also owns two handguns and is a spokesman for the Prop. H opponents. "I'm getting a safety deposit box out of the county (for the handguns)."
The measure doesn't make it illegal for San Franciscans to possess shotguns, like the 12-gauge with an 18-inch barrel that Ege keeps in his home.
Under Prop. H, residents have until April 1 to surrender their handguns to police without penalty. The proposition also makes it illegal to sell, manufacture and distribute firearms and ammunition within city limits.
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