National Association for Gun Rights, Inc. v. City Of San Jose

I. BACKGROUND

1 A. The Ordinance 2 The San Jose Ordinance at issue here is comprised of two primary obligations: the 3 requirement for gunowners to maintain liability insurance (the “Insurance Requirement”) and the 4 payment of an annual fee to a nonprofit of the City’s designation (the “Fee Provision”). 5 The Insurance Requirement obligates San Jose residents who own or possess a firearm to 6 obtain a homeowner’s, renter’s, or gun liability insurance policy “covering losses or damages 7 resulting from any accidental use of the Firearm.” ECF No. 941 (“SAC”), Ex. E (“Ordinance”) § 8 10.32.210 (the “Insurance Requirement”). The Insurance Requirement went into effect on January 9 1, 2023. ECF No. 85 at 3. 10 The Fee Provision requires San Jose gun owners to pay an Annual Gun Harm Reduction 11 Fee (the “Fee”) to a Designated Nonprofit Organization (the “Nonprofit”), selected by the City 12 Manager. Ordinance § 10.32.215, 10.32.235. The Ordinance did not set the Fee amount, but 13 stated that it would be established by the City Council, and every dollar generated must be used by 14 the Nonprofit to provide “services to residents of the City that own or possess a [f]irearm in…