San Francisco Veteran Police Officers Ass'n v. City of San Francisco

ORDER DENYING PRELIMINARY INJUNCTION

INTRODUCTION

In this action challenging a San Francisco ordinance banning the possession of *999 firearm magazines with the capacity to accept more than ten rounds, plaintiffs move for a preliminary injunction. For the reasons set forth below, the motion is Denied.

STATEMENT

For over a decade, California has restricted firearm magazines holding more than ten bullets, particularly restricting their manufacture, importation and sale, but has not prohibited ownership by individuals. CahPenal Code Section 32310. This state law was enacted in 1999 to supplement a then-existing federal law, enacted in 1994, that prohibited the possession or transfer of magazines with the capacity to accept more than ten rounds. The federal law expired by its own terms in 2004. While the California statute generally prohibits the making of new magazines with the capacity to accept more than ten rounds and transfer of existing ones, it does not prohibit their possession. This action does not challenge the constitutionality of this state law. The challenge lies instead against a new local ordinance banning possession of magazines holding more than ten rounds.

The…