Espanola Jackson v. City and County of San Francis
2014 U.S. App. LEXIS 5498
9th Cir.2014Background
- San Francisco regulates handgun storage in homes via Police Code §4512 and bans hollow-point ammunition sales via §613.10(g); both challenged as Second Amendment violations.
- Plaintiffs, led by Espanola Jackson and including individual handgun owners and associations (NRA, SF Veterans Police Officers Association), filed suit on May 15, 2009.
- District Court denied a preliminary injunction on November 26, 2012; plaintiffs appealed.
- Court adopts a two-step Second Amendment framework inspired by Heller to assess whether a regulation burdens a core right and what level of scrutiny applies.
- Court concludes §4512 burdens the core right but is subject to intermediate scrutiny and survives; §613.10(g) burdens ammunition sales but also survives intermediate scrutiny; injunction affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §4512 burdens the Second Amendment and which scrutiny applies | Jackson argues both §§4512 and 613.10(g) infringe; §4512 is a severe burden | SF contends §4512 is a permissible regulation that does not destroy the right | §4512 burdens the Second Amendment and passes intermediate scrutiny |
| Whether §4512 is facially challengeable | Jackson asserts facial invalidity because it has legitimate applications | SF claims no broad constitutional scope invalidity | Facial challenge rejected; statute surrounding a permissible burden is allowed |
| Whether §613.10(g) is within the Second Amendment scope and the proper scrutiny | Jackson contends it burdens self-defense by restricting ammunition access | SF argues it regulates the manner of exercising rights and is modest | §613.10(g) regulates within the Second Amendment and survives intermediate scrutiny |
| Standing to challenge §613.10(g) | Jackson seeks to purchase hollow-point ammo in SF but cannot due to the ban | SF asserts no injury in fact | Jackson has standing; injury-in-fact shown by restriction on ammunition access |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (recognizes individual right to keep and bear arms; core right to self-defense; guides two-step inquiry)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (U.S. 2010) (Second Amendment applies to the states; incorporation)
- Chovan v. United States, 735 F.3d 1127 (9th Cir. 2013) (two-step inquiry; core-right/doctrine for intermediate scrutiny)
- Ezell v. City of Chicago, 651 F.3d 684 (7th Cir. 2011) (First Amendment analogies; distinguishes core burden from lesser burdens for regulation of rights)
- Ward v. Rock Against Racism, 491 U.S. 781 (U.S. 1989) (time, place, manner restrictions; tailoring standard for First Amendment analogies)