A lawsuit was filed earlier this month in federal court challenging San Francisco’s new ban on the possession of magazines capable of holding more than 10 rounds.
NRA-ILA reports that the San Francisco Veteran Police Officers Association (SFVPOA) filed a lawsuit, supported by the National Rifle Association (NRA). Another lawsuit is also currently being prepared against the City of Sunnyvale, which recently adopted a similar magazine ban.
Many law enforcement officers across the country currently possess these common, standard-capacity magazines when they are off duty for self-defense, sport and other lawful purposes, according to NRA-ILA, which also reports that the new laws will force active police officers in San Francisco and Sunnyvale to surrender their privately-owned magazines or face criminal liability.
“All you’re doing is impacting honest law abiding citizens of San Francisco; the bad guys aren’t going to obey this law, they’re not supposed to be carrying guns in the first place,” Larry Barsetti, a plaintiff and retired cop with SFVPOA told KGO-TV.
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Barsetti, who believes the ordiance is poorly written, points to a section which exempts law enforcement officers, who can possess high capacity magazines in connection with their official duties.
Barsetti asked: “Does that mean when I take my uniform off and I put my off-duty gun on and I go home to San Francisco … if it’s got 11 rounds in it, I’m a misdemeanor? A violator of the law?”
“It does not prohibit off duty officers from keeping their duty weapons because those weapons are issued to them in connection with their official duties,” San Francisco Deputy City Attorney Christine Van Aken said.
Family members of law enforcement officers are also at risk, according to NRA-ILA. If an officer leaves the house without locking his or her magazines away, anyone who is present in the home will be in violation of the law.
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KGO-TV also reported that the NRA plans to file a suit against Sunnyvale the first week of December.