Judge denies petition to block San Diego ordinance banning ghost guns

Progressive politicians and pundits have increasingly targeted gun owners by supporting bans and regulations on various weapons, including so-called ghost guns, which can be constructed from kits and typically do not bear serial numbers as required by federal law for commercially manufactured firearms.

A judge this week rejected a request for a temporary restraining order or preliminary injunction to block an ordinance that would ban ghost guns and related parts within the city of San Diego, California.

Details of the ghost gun ban

According to Fox News, the federal judge determined that the ban was “reasonable” and that the positive impact on public safety outweighed the “minimal” infringement of Second Amendment rights.

At issue in the case is a local ordinance signed into law last month by Democratic Mayor Todd Gloria and set to take effect on Saturday.

The city council approved the ordinance with a vote of 8-1, effectively making it illegal for city residents to buy, sell, transport, or possess firearms and parts that did not include serial numbers.

Proponents of the ban say ghost guns have been used in criminal acts across the city and the lack of identifying numbers made it difficult or impossible for law enforcement to trace after the fact.

As KPBS reported on Tuesday, the San Diego County Board of Supervisors voted 3-2 to draft its own version of the city ordinance to apply countywide.

Plaintiffs plan to appeal judge’s ruling

The city ordinance faced immediate challenges in court by three local residents and two pro-gun organizations, the San Diego County Gun Owners PAC and the Firearms Policy Coalition.

Those challenges hinged on the argument that the ordinance violated the constitutional right to keep and bear arms.

U.S. District Judge Cynthia Bashant, however, rejected the two main legal arguments put forward by the plaintiffs in her 26-page ruling.

It is worth noting that Bashant agreed with the plaintiffs that the ordinance constituted a “prohibition” on certain guns, determining that it “does not severely burden Second Amendment-protected conduct, but merely regulates it” since plaintiffs were still free to purchase guns with serial numbers.

Pro-gun advocates were not satisfied, however, and attorney Raymond DiGuiseppe vowed to seek an appeal, declaring: “It’s not an adjudication on the merits of the case or sending us packing out of the courtroom by any means.”

Latest News