Proposition H

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Proposition H was a proposed ordinance that would ban the manufacture, distribution, sale and transfer of firearms and ammunition within San Francisco, California, United States. There were no exceptions to this part of the ban.

The Proposition would also have prohibited San Francisco residents from possessing handguns within city limits. Limited exceptions to this portion of the proposition allowed residents to possess handguns only if required for specific professional purposes. For example, San Francisco residents who are security guards, peace officers or active members of the U.S. armed forces would be permitted to possess handguns while on duty.

On November 9, 2005, the San Francisco Chronicle reported[1] that voters had approved the proposed measure by a margin of 58% to 42% (with 98% of precincts counted).

The Board of Supervisors enacted penalties for violation of this ordinance, including mandatory jail time. Until April 1, 2006, residents would have been able to surrender their handguns to any district station of the San Francisco Police Department or the San Francisco Sheriff's Department without penalty.

Proposition H would have taken effect January 1, 2006, but enforcement was suspended by litigation. On June 13, 2006, San Francisco Superior Court Judge James Warren struck down the ban, saying local governments have no such authority under California law. Judge Warren sided with the NRA and other Petitioners, all of whom were represented by Chuck Michel of Trutanich-Michel, LLP, in Long Beach, California. Michel sued on behalf of gun owners, advocates and dealers the day after the measure passed. [2]

The City appealed Judge Warren's ruling, but lost in a unanimous opinion from the three judge panel in the Court of Appeal issued on January 9, 2008.

On February 19, 2008, San Francisco asked the California Supreme Court to review Court of Appeal's decision.

The state Supreme Court reached a unanimous decision on April 9, 2008 that rejected the city's appeal and upheld the lower courts' decision.