Julie Henson, (415) 433-2062 x304, [email protected]
SAN FRANCISCO—The challengers to Sunnyvale, California’s new gun regulations Measure C—a gun dealer and a gun industry lobbying group—have been denied an emergency order to stop the new ammunition record-keeping law from taking effect. The plaintiffs argued that this part of Measure C was inconsistent with state law and should be struck down; however the court disagreed and on Wednesday denied their request.
Thanks to this initial ruling, Sunnyvale’s law—which was approved by 66% of Sunnyvale voters—will be allowed to go into effect and will help to deter minors, convicted felons, the mentally ill, and other prohibited persons from purchasing ammunition.
The Law Center’s Legal Director Juliet Leftwich, who has been supporting the city through the litigation process, issued this statement:
“This is a frivolous lawsuit and we’re confident that it will continue to be rejected by the court. California cities have broad authority to pass local ordinances to keep their communities safe from gun violence and the Sunnyvale ordinance is nothing out of the ordinary. In fact, more than a dozen other cities and two counties have enacted similar laws requiring ammunition sellers to keep records of ammunition sales.”
This portion of Sunnyvale’s Measure C was based on the Law Center’s model ammunition ordinance, and when the city was sued, the Law Center was able to secure the highly-regarded law firm Farella Braun + Martel LLP as pro bono counsel for Sunnyvale.
“The gun lobby has a history of bullying cities to keep them from enacting new gun laws by threatening costly lawsuits,” said Leftwich. “This time, the gun lobby failed to intimidate the people of Sunnyvale when they voted for Measure C, and now they are also failing in their attempt to overturn the will of the people in court.”
One of the plaintiffs in this case, the National Shooting Sports Foundation, headquartered in Newtown, Connecticut, less than three miles from Sandy Hook Elementary School, is notorious for challenging smart gun laws in small cities across the country.
NRA-backed plaintiffs also sued the City of Sunnyvale on Monday, December 16, in yet another frivolous lawsuit, claiming that another part of Measure C, which bans the possession of large capacity ammunition magazines, violates the Second Amendment.
Fortunately, a wide variety of gun regulations have been upheld by the courts, including similar laws that limit magazine capacity. Since 2008, there have been over 800 Second Amendment cases challenging gun laws nationwide, with an overwhelming majority—96%—of the lower court decisions upholding those laws.
For more information on the Second Amendment and gun laws nationwide, visit our website at: http://bit.ly/smrtgnlaws
About the Law Center to Prevent Gun Violence
The Law Center to Prevent Gun Violence is the only national law center focused on providing comprehensive legal expertise in support of gun violence prevention. Founded by lawyers after an assault weapon massacre at a San Francisco law firm in 1993, we remain dedicated to preventing the loss of lives caused by gun violence by providing trusted, in-depth research and information on the Second Amendment and America’s gun laws.