California Court of Appeal Upholds West Hollywood's Ban on "Saturday Night Special" Handguns

Business Wire, Sept 30, 1998

WEST HOLLYWOOD, Calif.--(BUSINESS WIRE)--Sept. 30, 1998--The Second Appellate District of the California Court of Appeal has upheld a pioneering West Hollywood ordinance banning the sale of poorly made, easily concealable handguns commonly known as "junk guns" or "Saturday Night Specials," clearing the way for other cities to do the same.

In an opinion issued on Tuesday, Sept. 29, 1998, the court stated: "The ordinance in question here does not directly conflict with any statute, and the question of whether to have such an ordinance is a decision within the authority of local elected legislators....The Legislative History of the Ordinance demonstrates there was sufficient evidence for rational legislators to believe the ordinance was an appropriate public health and safety measure."

West Hollywood City Councilmember Paul Koretz, an original sponsor of the ordinance, stated: "The appellate court's affirmation of the lower court's original decision in our favor is a vindication for the City of West Hollywood. We are gratified to see that local governments will be allowed to protect their streets from handgun violence via legislation of this kind."

West Hollywood Mayor Steve Martin said: "It's been a long and expensive process, but our position has been vindicated. Virtually every city in California now has an important tool in the fight to reclaim their streets from violent criminals. Given the recent veto of gun control legislation by Governor Wilson, the focus on creating safe communities shifts from the state and Washington, D.C. to local municipalities."

Sayre Weaver of Richards, Watson and Gershon, the attorney who represented West Hollywood in the litigation, stated: "This decision is a significant legal victory for West Hollywood and the dozens of other California cities and counties that have adopted similar ordinances. The court's ruling explodes the NRA-promoted myth that all local regulation of firearms is preempted by state law."

Community groups also hailed the decision as a landmark ruling for local governments seeking to reduce gun violence across the state. Juliet Leftwich, Staff Attorney for the Legal Community Against Violence, a group advising communities on local firearms-related ordinances said: "Thirty-nine cities and counties currently have junk gun sales bans in place. Many others have been poised to act pending the outcome of the West Hollywood case. With this decision, we expect to see a steady increase in the enactment of similar ordinances statewide." Leftwich pointed out that, according to the Bureau of Alcohol, Tobacco and Firearms, junk guns are disproportionately used in crime, particularly those involving juvenile offenders.