Measure C in the Courts

Measure C Lawsuits

  • Two lawsuits:
    • U.S. Firearms + National Shooting Sports Foundation (NSSF)  v. Sunnyvale (ammunition logs)
    • Fyock v. Sunnyvale (large capacity ammunition magazines (LCAM))
  • Farella Braun + Martel LLP law firm is representing the city of Sunnyvale Pro Bono.
  • So far the courts have upheld Measure C against all challenges.

U.S. Firearms (and the NSSF) v. Sunnyvale
(Dec 9, 2013), Superior Court of CA, SC county

  • Seeks to invalidate ammunition sales logs and reporting of lost and stolen weapons. Their claims:
    • Patchwork of laws is hard to comply with
    • Preempted by and conflicts with State and Federal law
    • Permits police officers to investigate law-abiding citizens without suspicion
    • Collects statutorily protected personal information on the basis of their constitutionally recognized rights
  • Current Status
    • 12-18-13 Temporary restraining order denied vs. sales logs (law takes effect on Dec 6)
    • 3-25-14 Santa Clara County Superior Court refuses preliminary injunction against ammunition sales logs in Sunnyvale.

Fyock v. Sunnyvale (Dec 16 2013), Federal suit

  • Their claim:
    • Ban on large capacity ammunition magazines (LCAM) violates right to keep and bear arms under the 2nd Ammendment.
  • Current Status
    • 3-12-13 Supreme Court Justice Kennedy denies order to block enforcement of LCAM ban (3-10-14 Petition Supreme Court for a stay)
    • 3-6-14 Ninth Circuit Court denies emergency stay
    • 3-5-14 Ninth US Circuit Court of Appeals denies a preliminary injunction against LCAM ban; Mar 6 deadline to dispose of LCAMs holds.
    • 11-17-14 Arguments heard before 9th Circuit Court of Appeals.

Other Cases

  • 2-20-14: San Francisco LCAM ban upheld; goes into effect April 7
  • 3-25-14: San Francisco safe storage law upheld.
  • Courts are closely watching these similar cases.