San Jose: : City of San José’s Gun Harm Reduction Ordinance Prevails in United States District Court
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City of San José's Gun Harm Reduction Ordinance Prevails in United States District Court
Federal Judge dismisses all claims challenging the liability requirement of the ordinance

SAN JOSE, Calif. (July 14, 2023) – On July 13, 2023, Federal Judge Beth Freeman of the United States District Court for the Northern District of California ruled in the City's favor and issued a decision upholding the insurance requirement of the City of San José's Gun Harm Reduction Ordinance.

In effect since January 1, 2023, the liability portion of San José's Gun Harm Reduction Ordinance requires firearm owners to obtain and continuously maintain a homeowner's, renter's or gun liability insurance policy that specifically covers losses or damages resulting from accidental use of the firearm, including but not limited to death, injury, or property damage.

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Judge Freeman's ruling dismissed all claims challenging the constitutionality of the liability insurance requirement.

"I am pleased with the Court's decision to uphold the Gun Harm Reduction Ordinance insurance requirement," said City Manager Jennifer Maguire. "This ruling allows the City to move ahead with our efforts to reduce gun harm."

The Gun Harm Reduction Ordinance also includes a provision requiring all San José residents that own or possess a firearm in the City to pay an annual fee to support gun violence-reduction programs. The fee will be paid to a designated nonprofit that will provide or support certain services for gun owners.  No date has been set for implementation of the annual fee portion of the ordinance.

A Second Amendment challenge to the annual fee requirement was also dismissed with prejudice. Other claims relating to the fee provision were dismissed as the City continues to pursue a Request for Proposals for a non-profit that will receive the fees and provide services.

The San José City Council approved these gun harm reduction measures in January of 2022 to reduce gun harm in the City of San José, making it the first city, state, or jurisdiction of any kind to impose such a mandate on gun owners.

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Brady, a nonprofit organization that advocates against gun violence, filed an amicus brief on behalf of the City's position, providing an in-depth history of the use of sureties and insurance to address gun-related violence and liabilities. The City is grateful for the support Brady provided in that briefing.

The City has been represented in the litigation by the Cotchett, Pitre & McCarthy law firm on a pro bono basis. Tamarah Prevost and her legal team have done an excellent job defending the City's ordinance and in addressing the constitutional and other challenges to the ordinance.

About the City of San José
With almost one million residents, San José is one of the most diverse large cities in the United States and is Northern California's largest city and the 12th largest city in the nation. San José's transformation into a global innovation center has resulted in one of the largest concentrations of technology companies and expertise in the world.

Filed Under: Government, City
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