Advertisement

Gun advocates armed for legal fight

NRA and others plan to use the high court ruling to challenge laws in California and other states.

THE 2ND AMENDMENT: REACTION TO THE COURT RULING

June 27, 2008|Maura Dolan, Times Staff Writer

Juliet Leftwich, senior counsel for the Legal Community Against Violence, a San Francisco-based lawyers group, said the group was putting out a call for pro bono lawyers to help fight the lawsuits. She said the help from outside lawyers would allow advocates to continue to push for new restrictions.

"We are concerned the resources are going to be diverted to the defense of laws already on the books," she said.


Advertisement

Leftwich said it was "an open question" whether the two San Francisco gun laws would be struck down. Thursday's ruling said government could continue to prohibit guns in schools and in government buildings, but also said that individuals have the right to keep guns for self-defense.

San Francisco prohibits any firearm or ammunition in buildings controlled by the city, including in its public housing projects, and its law on gun storage does not contain an exception for keeping a loaded gun in a nightstand, Leftwich said. Opponents could argue that the laws prevent individuals from defending themselves.

A spokesman for the San Francisco city attorney's office said he could not comment on any litigation until it was filed.

Kay Holmen, president of the California chapters of the Brady Campaign to Prevent Gun Violence, said most California cities have some gun restrictions. The group rates states on a scale of 1 to 100. The higher the score, the more restrictive the state's laws. The group gave California a score of 79, the highest in the U.S.

California requires mandatory background checks on all firearm purchasers, limits handgun purchases to one a month, prohibits the manufacture and sale of guns that have not passed certain safety tests, requires handgun purchasers to obtain a safety certificate after passing a written test and performing a safe-handling demonstration, imposes a 10-day waiting period on purchases, maintains records of handgun purchases, and prohibits the sale of large-capacity ammunition magazines, among other restrictions, according to the Legal Community Against Violence.

The group said guns killed or injured more than 7,700 Californians in 2005, the last year for which it has statistics.

"Here in Los Angeles, not a lot of concealed-gun permits are issued," Holmen said. "We tightened the restrictions on guns here."

Holmen said she expected that an anticipated challenge to the state assault weapons ban would fail. "An individual has a right to own a gun, but that doesn't mean there is an individual right to own any gun," she said.

As the NRA prepared to sue San Francisco, its leaders also were looking closely at a law in New York City that restricts the carrying of guns outside the home, Cox said.

"The only people who have permits to keep a firearm for self-defense outside the home are the mayor's rich buddies from Wall Street, his celebrity friends and his political cronies," Cox said.

He said the litigation would show that the right to bear arms under the 2nd Amendment "is a right as sacred and special as the 1st Amendment, the 4th Amendment and any other amendment."

--

maura.dolan@latimes.com

Los Angeles Times Articles
|