27 June 2008

'The Big Mo:' San Francisco Sued Over Public Housing Gun Ban

Updated: Saturday, June 28, 2008, 6:17 am -- The City of San Francisco says it plans to vigorously defend its ban on permitting residents of public housing to keep firearms for their personal self defense. Details here.

One day after the landmark Heller decision affirmed the right to keep and bear arms, as guaranteed in the Constitution, the Citizens Committee for the Right to Keep and Bear Arms and National Rifle Association sued the City of San Francisco.

From the CCRKBA news release:

"The lawsuit was filed in federal court against the City of San Francisco and the San Francisco Public Housing Authority to invalidate the City’s ordinance (Police Code section 617) and lease provision that bans the possession of firearms in public housing. Before the Second Amendment can be used to challenge unconstitutional regulations laws at the state or local level, it must be “incorporated” through the Fourteenth Amendment to apply to the state and local governments. The lawsuit will serve to establish the incorporation doctrine in the Ninth Circuit Court of Appeal, including California, and invalidate the existing ban on firearms in public housing in San Francisco in the process."

I'm sure San Francisco officials have known this was coming . . . they already lost a big case in January to SAF and NRA when their citywide gun ban was overturned in court because the ordinance violated state law. Yes, they broke the law when they passed their ban, but if you or I break the law, that's different . . . right?

This morning, the San Francisco Chronicle published this story recapping the Heller decision, and noting that San Francisco was probably in the sights of pro self defense advocates. As for this new lawsuit, when you've got the "Big Mo" behind you (that's momentum, folks), you go on the offensive. For decades, honest taxpayers in this nation have suffered assault after assault upon their right to choose self defense.

For several years now, the courts -- and U.S. citizens -- have gradually been recognizing that firearms are not the problem. It is criminals, and some politicians who want to stick their heads in the sand and believe the world would be perfect if only it weren't for the guns, who intentionally and unintentionally, respectively, perpetuate violence.

Washington DC's ineffective, antiquated ban has fallen. Chicago's is soon to be next with the filing of a suit yesterday, and now San Francisco will have to defend policies that clearly create a clear and present danger for law-abiding residents of public housing.

The "Big Mo" in action.

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