Lawsuit filed challenging San Francisco confiscatory magazine ban
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Lawsuit filed challenging San Francisco confiscatory magazine ban

Lawsuit filed challenging San Francisco confiscatory magazine ban

11/19/13 | by S.H. Blannelberry

On Tuesday, a veterans police group filed a lawsuit challenging a recently approved San Francisco ordinance that places a confiscatory ban on magazines that hold more than 10 rounds of ammunition.

The San Francisco Police Officers Association, by way of attorneys at Michel & Associates, filed the lawsuit in federal court, arguing that magazines capable of holding more than 10 rounds are commonly owned and therefore protected under the Second Amendment to the U.S. Constitution.

English: Flag of San Francisco Español: Bander...

English: Flag of San Francisco Español: Bandera de San Francisco (Photo credit: Wikipedia)

As the National Rifle Association, which is backing SFPOA in the suit, explained, “the U.S. Supreme Court recently made clear, firearms and accessories ‘typically possessed by law-abiding citizens for lawful purposes’ or those ‘in common use’ are protected by the Constitution and cannot be flatly banned.’”

To that point, the SFPOA will argue that 10-plus round magazines are used for a variety of legal purposes, such as target practice, shooting competitions, hunting and self-defense. Moreover, due to the fact that the high court has ruled that self-defense is the “central component” of the Second Amendment, SFPOA will make the case that banning these magazines impairs one’s ability to protect and defend one’s self, family and property.

“By allowing residents and visitors to San Francisco to only possess reduced-capacity magazines, San Francisco has arbitrarily limited the number of rounds that its law-abiding residents have to protect themselves and their loved ones,” the NRA explains in a press release:

Furthermore, it “endangers the public by giving violent criminals an advantage and decreasing the likelihood that a victim will survive a criminal attack.”

The San Francisco Board of Supervisors unanimously approved the magazine ban on Oct. 29, which is set to take effect on Dec. 8 unless a federal judge approves the SFPOA’s request for an injunction.

Those who are in possession of the so-called “high-capacity magazines” or “high-capacity ammunition feeding devices” have 90 days or until March 8, 2014, to turn them over to police, sell them out-of-state or render them permanently inoperable. Failure to do so will result in misdemeanor charges.

“While not a panacea, this legislation provides law enforcement with more tools to continue to address gun violence and also continues to strengthen our city’s strong stance on gun regulation,” the bill’s sponsor, Supervisor Malia Cohen, told the San Francisco Chronicle last month.

Continue reading at Lawsuit filed challenging San Francisco confiscatory magazine ban (VIDEO).

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