Gay Challenge To San Francisco Gun Ban
Date: Nov 4, 2005 6:42 AM
http://www.ebar.com/news/article.php?sec=news&article=323

NEWS
by Mark Folkman

Gays debate Prop. H

After voters cast their ballots in the November 8 special statewide election, San Francisco may become the nation’s third city ? after Washington, D.C. and Chicago ? to enact a sweeping handgun ban on its residents.

If passed, Proposition H would prohibit San Franciscans from possessing handguns in the city, effective January 1, 2006. Residents could still possess shotguns and rifles, but handgun owners would have 90 days to sell or voluntarily relinquish their guns. Active duty police officers, security guards, and members of the military would be exempt. The proposition would also ban the manufacture and sale of all firearms and ammunition within city limits. Non-residents who work in the city or visit here would not be affected by the ban.

Opponents of the ballot measure vow legal action if it passes.

The initiative, added to the ballot by Supervisor Chris Daly, declares that handguns pose a serious safety threat to the people of San Francisco.

Bill Barnes, a former Daly aide and spokesman for the Committee to Ban Handgun Violence, an organization formed to back the initiative, said that residents overwhelmingly support gun control. The Harvey Milk and Alice B. Toklas LGBT Democratic clubs have both endorsed the proposition.

Milk Club President Greg Shaw claimed that guns propagate a culture of violence. “Reducing the number of handguns in circulation will reduce handgun violence,” he said.

However, opponents within the LGBT community have quickly fueled a grassroots firestorm against the ban. After the measure was placed on the ballot many irate residents assembled to campaign against what they call an “ineffective” and “illegal” political machination.

David Golden, spokesman for the Coalition Against Prohibition, said the ban would cause crime rates to skyrocket ? the exact opposite of the desired effect. “More guns ensure there is less crime. Criminals are afraid of armed homeowners plugging intruders with a handgun,” he said.

“This is not going to stop criminals from obtaining guns,” said Gwen Patton, media spokeswoman for the Pink Pistols, a LGBT shooting club and gun advocacy group with local chapters across the nation, including San Francisco.

Patton cited Washington D.C. as an example. Despite a handgun ban in effect since 1976, D.C. consistently has one of the highest murder rates in the country, according to the FBI Uniform Crime Report. In 1998 a BBC study declared it the murder capital of the world.

“We’re not saying that Proposition H is going to solve crime,” Barnes countered. “Crime is complicated. But incidents involving handguns increase the likelihood of mortality, and five times more people commit suicide with a handgun than any other method,” he said.

Davy Jones, a 36-year-old gay handgun owner, said that owning a gun gives him a measure of protection against hate crimes. Patton agreed: “When a sexual minority is at risk, a very useful tool for defense is a lawfully owned firearm.”

“If that right is removed, we cannot defend ourselves against an attacker,” she said.

“Disarming the LGBT community makes us more vulnerable,” said Tom Boyer, the 48-year-old head of the San Francisco Pink Pistols. He said the club has more than 50 active members that meet once a week for shooting practice at ranges in South San Francisco and Oakland.

But Shaw disagreed. “I don’t think handguns give you the ability to fight off criminals,” he said. “This is more about poor kids killing each other than anything.”

Proposition H sends a strong message that San Francisco does not condone the use of guns, said Laura Spanjian, co-chair of the Alice Club.

“Handguns are extremely dangerous and ultimately only serve to propagate violence,” Spanjian said.

Rebecca Mead, a 22-year-old Mission District resident, said that private gun ownership is unnecessary and dangerous. “Handguns in homes are just accidents waiting to happen,” she said.

While the costs of enforcing the ban have not been outlined, opponents are anticipating expensive lawsuits against the city if the measure passes. They say a key 1982 lawsuit that overturned a city ordinance banning handguns has set legal precedent.

According to Jones, the National Rifle Association and private individuals are preparing for legal action. “San Francisco taxpayers will be picking up the cost of these lawsuits,” he said.

“This is a very poorly written law,” Boyer said. “It violates existing state pre-emption laws, and there is no punishment outlined. The facts speak for themselves.”