Ninth Circuit Upholds San Francisco’s Safe Storage & Ammunition Laws

Posted on March 25, 2014

safestorage

Today a three judge panel of the Ninth Circuit Court of Appeals unanimously upheld the City of San Francisco’s ordinances requiring the safe storage of handguns and banning the sale of hollow-point ammunition. San Francisco’s safe storage law requires handguns to be either stored in a locked container or secured with a trigger lock when they are not carried by the owner of the handgun. San Francisco’s ammunition law bans the sale of hollow-point ammunition, which is a particularly deadly form of ammunition that expands or fragments upon impact–causing massive, and irreparable damage to a person’s body.

The court’s analysis followed the pattern most courts use in addressing Second Amendment challenges: first looking at whether the challenged law burdens conduct protected by the Second Amendment, and second, if it does burden such conduct, whether the law’s burden on Second Amendment rights is outweighed by its public safety benefits.

With respect to the safe storage law, although the court found that the law did place some burden on Second Amendment rights, it found that the burden was a small one since the ordinance allows the carrying of unlocked firearms.  The court also noted that modern gun safes can be quickly accessed and modern trigger locks can be quickly disabled in the event of an emergency. The court went on to conclude the law was constitutional given the strong evidence presented by the City of a link between unlocked handguns and gun deaths.  Specifically the court noted:

The record contains ample evidence that storing handguns in a locked container reduces the risk of both accidental and intentional handgun-related deaths, including suicide. Based on the evidence that locking firearms increases safety in a number of different respects, San Francisco has drawn a reasonable inference that mandating that guns be kept locked when not being carried will increase public safety and reduce firearm casualties. This evidence supports San Francisco’s position that [the safe storage ordinance] is substantially related to its objective to reduce the risk of firearm injury and death in the home.

The court reached similar conclusions about the ammunition law. Although the court found that the law burdened conduct protected by the Second Amendment, the court also found the law was simply a regulation on the manner in which someone can exercise their Second Amendment rights.  Indeed, the court noted that the plaintiffs had produced no evidence that ordinary ammunition is ineffective for self-defense. Given the dangers associated with hollow-point ammunition, the court had no trouble finding that banning it was also substantially related to San Francisco’s interest in public safety and upholding the law.

This decision is consistent with the vast majority of other courts which have upheld reasonable gun laws and rejected Second Amendment challenges by the gun lobby. The Law Center was proud to support the city of San Francisco in the process of drafting these important regulations and have supported the city since as it defends their laws from the gun lobby’s frivolous law suits . The Law Center filed an amicus brief in support of the city of San Francisco last year in this case.

For more information, check out our policy pages on safe storage laws and ammunition regulation or read about other recent gun violence prevention success stories.