Trending...
- California: Governor Newsom announces appointments 9.10.25 - 340
- John Thomas calls for unity and prayer after tragic loss - 311
- Ayurveda, Ayurvedic medical Science and Ayurvedic Therapies, Dr.Abhay Kumar Pati - 303
FOR IMMEDIATE RELEASE
October 3, 2022
Media Contact:
Rachel Davis, Chief Communications Officer, Office of Mayor Sam Liccardo, rachel.davis@sanjoseca.gov
A federal U.S. District Court again permitted the City of San José's first-in-the-nation law to overcome legal challenge. The law requires gun owners to obtain civil liability insurance, and to pay a fee to support gun violence-reduction programs. The San José City Council approved those measures in January of 2022, making it the first city, state, or jurisdiction of any kind to impose such a mandate on gun owners. Several similar proposals have emerged in other cities and states since San José's introduction of their measure.
Specifically, U.S. District Court Judge Beth Labson Freeman issued an order late Friday granting the City of San Jose's motion to dismiss on nine of the ten causes of action, or claims, brought by the two plaintiff groups, led by the National Association of Gun Rights, Inc., in separate lawsuits. Another plaintiff has since withdrawn its lawsuit by dismissing its own claims.
The Court dismissed nine out of ten of the claims, forcing the plaintiffs to amend their complaints and re-file them if those claims are to proceed. The Court disposed of several critical issues, however, for example, by holding that the "Ordinance as drafted does not [unconstitutionally] "condition" the exercise of Second Amendment rights because there are no means by which a San Jose gun owner may be deprived of his or her firearm." Judge Freeman also dismissed plaintiffs' claim that state law prevents San Jose's implementation of its ordinance, finding that "the Ordinance's compliance requirement is dissimilar to a gun licensing or registration scheme and, therefore, is not preempted by California general laws on firearm licensing or registration."
More on The Californer
On August 3, 2022, the U.S. District previously also ruled in favor of the City of San Jose by denying the gun groups efforts to seek a preliminary injunction on the implementation of the ordinance.
Tamarah Prevost, a partner with Cotchett, Pitre, & McCarthy, argued the motions for the City of San José. Ms. Prevost asserted that: "Though the court's order comes at an early stage in this litigation, it confirms the City's belief that this gun ordinance is lawful, constitutional, and reflects a sensible approach to the extremely complex problem of gun violence in San Jose."
San José Mayor Sam Liccardo, who proposed these measures and advocated for their passage, observed that "the Court has again made clear that it will not accept simplistic arguments against the constitutionality of reasonable regulations to make guns safer." Liccardo continued, "To reduce gun-related deaths and injuries in this nation, we must refocus our efforts from merely reducing the proliferation of firearms–seemingly futile in a nation already with 400 million guns– to common-sense measures that make gun possession safer. We look forward to implementing this ordinance to provide a model for safety for other cities and states nationally."
Liccardo proposed–and a majority of his Council colleagues approved–these measures as a means to reduce gun harm. Specifically, insurance would operate to compensate victims of unintentional shootings, while utilizing risk-adjusted insurance premiums to induce safer behavior among gun owners, such as using a gun safe, installing a trigger lock or chamber-load indicator, or taking gun safety courses. The fee requirement would support gun violence prevention programs, specifically supporting mental health counseling, suicide and domestic violence prevention programs, and gun safety courses targeted at residents in gun-owning households. No other city or state has yet implemented either of these types of interventions, but a gun liability insurance requirement has been previously proposed in several state legislatures—including recently in California--and Congress.
More on The Californer
The City expects the litigation to continue, as the plaintiffs may seek to amend their complaints and refile dismissed claims. The City will proceed with the implementation of the insurance requirement in the ordinance on January 1st, and will ultimately implement the fee requirement pursuant to the process and timeline set forth by the City Manager's Office.
###
About the City of San José
With more than one million residents, San José comprises the 10th largest city in the United States, and one of its most diverse cities. San José's transformation into a global innovation center in the heart of Silicon Valley has resulted in the world's greatest concentration of technology talent and development.
October 3, 2022
Media Contact:
Rachel Davis, Chief Communications Officer, Office of Mayor Sam Liccardo, rachel.davis@sanjoseca.gov
A federal U.S. District Court again permitted the City of San José's first-in-the-nation law to overcome legal challenge. The law requires gun owners to obtain civil liability insurance, and to pay a fee to support gun violence-reduction programs. The San José City Council approved those measures in January of 2022, making it the first city, state, or jurisdiction of any kind to impose such a mandate on gun owners. Several similar proposals have emerged in other cities and states since San José's introduction of their measure.
Specifically, U.S. District Court Judge Beth Labson Freeman issued an order late Friday granting the City of San Jose's motion to dismiss on nine of the ten causes of action, or claims, brought by the two plaintiff groups, led by the National Association of Gun Rights, Inc., in separate lawsuits. Another plaintiff has since withdrawn its lawsuit by dismissing its own claims.
The Court dismissed nine out of ten of the claims, forcing the plaintiffs to amend their complaints and re-file them if those claims are to proceed. The Court disposed of several critical issues, however, for example, by holding that the "Ordinance as drafted does not [unconstitutionally] "condition" the exercise of Second Amendment rights because there are no means by which a San Jose gun owner may be deprived of his or her firearm." Judge Freeman also dismissed plaintiffs' claim that state law prevents San Jose's implementation of its ordinance, finding that "the Ordinance's compliance requirement is dissimilar to a gun licensing or registration scheme and, therefore, is not preempted by California general laws on firearm licensing or registration."
More on The Californer
- California: Governor Gavin Newsom to launch new statewide effort to support the well-being of young men
- Descryber Launches Innovative Web App to Simplify DIY Trademark Applications
- LVN Jobs in LA Connects Licensed Vocational Nurses with Top LVN Staffing Jobs in Los Angeles
- California-based productions win big at Emmy Awards
- White Glove Restoration Expands 24/7 Emergency Response Team Across San Diego County
On August 3, 2022, the U.S. District previously also ruled in favor of the City of San Jose by denying the gun groups efforts to seek a preliminary injunction on the implementation of the ordinance.
Tamarah Prevost, a partner with Cotchett, Pitre, & McCarthy, argued the motions for the City of San José. Ms. Prevost asserted that: "Though the court's order comes at an early stage in this litigation, it confirms the City's belief that this gun ordinance is lawful, constitutional, and reflects a sensible approach to the extremely complex problem of gun violence in San Jose."
San José Mayor Sam Liccardo, who proposed these measures and advocated for their passage, observed that "the Court has again made clear that it will not accept simplistic arguments against the constitutionality of reasonable regulations to make guns safer." Liccardo continued, "To reduce gun-related deaths and injuries in this nation, we must refocus our efforts from merely reducing the proliferation of firearms–seemingly futile in a nation already with 400 million guns– to common-sense measures that make gun possession safer. We look forward to implementing this ordinance to provide a model for safety for other cities and states nationally."
Liccardo proposed–and a majority of his Council colleagues approved–these measures as a means to reduce gun harm. Specifically, insurance would operate to compensate victims of unintentional shootings, while utilizing risk-adjusted insurance premiums to induce safer behavior among gun owners, such as using a gun safe, installing a trigger lock or chamber-load indicator, or taking gun safety courses. The fee requirement would support gun violence prevention programs, specifically supporting mental health counseling, suicide and domestic violence prevention programs, and gun safety courses targeted at residents in gun-owning households. No other city or state has yet implemented either of these types of interventions, but a gun liability insurance requirement has been previously proposed in several state legislatures—including recently in California--and Congress.
More on The Californer
- Marin's Rising Star Easton Cain Revives American Regionalism in the Bay Area
- City of Long Beach Launches Redesigned Jobs Webpage
- Cabrillo Economic Development Corporation Celebrates Completion of Dolores Huerta Gardens
- Lightning Motorcycle's Next-Gen Prototype Hits 174 MPH on Its Lowest Performance Setting
- Long Beach Health Department Launches Early Childhood Mental Health Program to Support Families and Childcare Providers
The City expects the litigation to continue, as the plaintiffs may seek to amend their complaints and refile dismissed claims. The City will proceed with the implementation of the insurance requirement in the ordinance on January 1st, and will ultimately implement the fee requirement pursuant to the process and timeline set forth by the City Manager's Office.
###
About the City of San José
With more than one million residents, San José comprises the 10th largest city in the United States, and one of its most diverse cities. San José's transformation into a global innovation center in the heart of Silicon Valley has resulted in the world's greatest concentration of technology talent and development.
0 Comments
Latest on The Californer
- DecisionPoint Technologies Accelerates Growth with Acquisition of Acuity Technologies
- CCHR: Involuntary Commitment Is Eugenics Repackaged as "Mental Health Care"
- Pacsun Announces Industry First Pacsun Youth Advisory Council: Empowering Its Consumers as Co-Creators in Brand Strategy
- Q2 2025 Industry Impact Report Underscores Semiconductor Expansion, Talent Development and Sustainability Milestones
- 84 Ethiopian Churches Change Signboards to Shincheonji Church of Jesus
- BTXSGG Outlines Four-Pillar Framework to Enhance Digital Asset Security and Compliance
- NJTRX Positions for Next-Generation Asset Trading with U.S. Regulatory Framework
- America's SBDC Announces 2025-2026 Board of Directors
- Avoid Swirl Marks When You Get a Car Wash in Downey CA
- Freedom Flourishes in Dutch Capital on Destination: Scientology, Amsterdam
- Poncho Tha Popstar: The West's Next King
- Physician-Turned-Patient Launches Advocacy Campaign to Spotlight Disability Insurance Barriers
- Celebrity Chef Nicole Andrea Guzman Releases Her First Childrens Book
- Thorn Ridge® Creates a World of Legends & Lore
- Screenwriting Cruise Adds Howard Suber, Ph.D., to Inaugural 7-Day Screenwriting Lab at Sea
- Twice the Laughs: Comedy Star Don Barnhart Rotates Residency at Both Delirious Comedy Club Locations in Las Vegas
- Voices for Humanity Ignites a Revolution for Learning with Eva Rehorova
- Omnigarde AI-Powered Face Recognition Achieves Top Global Rankings in Prestigious NIST Evaluation
- Petitioner Urges White House to Issue Executive Order on Divorce Fairness
- Car Wash Deal in Downey CA Prices Starting from $8