In a little-noticed ruling last week, the California Supreme Court refused to hear the appeal of a California intermediate appellate court’s decision striking down the City of San Francisco‘s (the “City”) 2005 handgun ban.
The ban, called “Proposition H,” passed with 58% of the vote in November 2005 and would have forbidden City residents (excepting only law enforcement officers) from possessing handguns, and prohibited the manufacture, sale, or distribution of any type of firearms or ammunition in the City.
The First District Court of Appeal upheld a trial judge’s ruling on preemption grounds, holding the City could not enact ordinances that impinged upon the state’s regulatory authority.
The California Supreme Court did not, of course, have to provide any reason for not taking the appeal, but might its reluctance to opine on II Am. issues have something to do with last month’s oral argument in District of Columbia v. Heller (no. 07-290)?