California court strikes San Francisco handgun ban

By Amanda Beck

SAN FRANCISCO (Reuters) - A California state appeals court on Wednesday struck down a ban on the private ownership of handguns in San Francisco, one of several U.S. cities that have outlawed small firearms.

San Francisco voters passed their ban in 2005, barring all city residents from selling, distributing or manufacturing firearms or ammunition.

Like similar laws in Chicago and Washington, D.C., San Francisco's ban also prohibited residents from possessing handguns unless they are government employees or security guards.

Retired law enforcement and military personnel joined several firearms rights groups to challenge San Francisco's ban before it could be enforced.

On Wednesday, a three-judge panel of the California Court of Appeal upheld a district court decision, which found that the ordinance was pre-empted by several state laws, one of which prohibits cities from restricting handgun possession in an individual's home, business, or private property.

"These laws of statewide application reflect the legislature's balancing of interests -- on the one side the interest of the general public to be protected from the criminal misuse of firearms, on the other, the interests of law-abiding citizens to be able to purchase and use firearms," the panel wrote in its unanimous decision.

"When it comes to regulating firearms, local governments are well advised to tread lightly."

San Francisco City Attorney Dennis Herrera said he was disappointed with the ruling and that the city would consider further appeal.