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San Jose prevails in ordinance requiring gun liability insurance

Guns for Sale (FILE)
Posted at 8:49 AM, Aug 06, 2022
and last updated 2022-08-06 11:49:36-04

SAN JOSE, Calif. (KERO) — In January San Jose became the first in the country to require gun owners to obtain civil liability insurance and to pay a fee to support gun violence reduction programs.

The city won the first lawsuit against that law this week but experts anticipate the legal battle is far from over.

The NRA filed the lawsuit but a federal ruling has given the city its first victory. A judge's refusal to block the harm reduction ordinance is seen as a promising sign by Mayor Sam Liccardo.

"What we heard from the federal court was that, so far from all indications, this is not an ordinance designed to take anyone's gun away. This is not limiting possession of guns. This is about making gun possession and gun ownership safer."

According to court documents, the lawsuit filed in June by the NRA claims the ordinance violates the First and Second amendments as well as the California constitution.

The ordinance was delayed from originally starting this month due to this litigation. But Mayor Liccardo says the city has filed a motion to dismiss the case so it can hopefully go into effect later this year.