Facts

In 2000, the California legislature enacted legislation that generally prohibits the manufacture and sale of firearm magazines that hold more than 10 rounds. The state law grandfathers in the possession of magazines that were lawfully acquired prior to the enactment of the state law.

On Dec. 14, 2012, a shooter entered Sandy Hook Elementary School and used assault weapons to kill 27 people, including 20 young children. In response, San Francisco enacted an ordinance banning the possession of a magazine with the capacity to accept more than 10 rounds.

Plaintiffs, San Francisco residents, filed suit to challenge that ordinance.

PLAINTIFF'S CONTENTIONS:
The San Francisco Veteran Police Officers Association and several residents filed suit, claiming the city's ordinance forces them to cease possessing and using common arms within their own homes. Plaintiffs contended that the city enacted an ordinance banning law-abiding citizens from possessing magazines with the capacity to accept more than 10 rounds. The city's ordinance bans magazines holding more than ten rounds that are standard for millions of the most common handguns in circulation, plaintiffs claimed. Plaintiffs contended that the magazines are possessed by millions of Americans for lawful purposes. According to plaintiffs, firearms equipped with these magazines have been used to save the lives of numerous law-abiding Americans and their families.

Result

The court denied granting a preliminary injunction, finding that the balance of equities and public interest favored allowing the ordinance. The court ordered that any individual who turns their magazine over to law enforcement is entitled to have it returned if plaintiffs' ultimately succeed on the merits.

Other Information

A similar case against the City of Sunnyvale is currently proceeding before the Ninth Circuit Court of Appeals. Resolution of that appeal will determine the outcome of this case. FILING DATE: Nov. 19, 2013