Wednesday, November 09, 2005
San Fran gun ban - another take
A question for those who know more than I: Aside from the 2nd Amendment issues involved with the San Francisco gun ban, does the fact that the newly approved law does not provide any compensation for the people who are required to surrender their personal property to the government offer an opportunity to challenge the law in court?
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Second Amendment issues won't be invoked, since the CA Supreme Court and the federal 9th Circuit do not recognize an individual rkba. The lawsuits will be based on state preemption.
That's really a 2-edged sword: on the one hand, it keeps municipalities from creating a quiltwork of impossible-to-comply-with ordinances, on the other hand, anything the state does will be dcast in stone--unless and until the Supreme Court resolves the conflict, which they have so far managed to duck.
I hope your concern about takings without compensation is explored.
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That's really a 2-edged sword: on the one hand, it keeps municipalities from creating a quiltwork of impossible-to-comply-with ordinances, on the other hand, anything the state does will be dcast in stone--unless and until the Supreme Court resolves the conflict, which they have so far managed to duck.
I hope your concern about takings without compensation is explored.
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