Landmark Gun Control Law In San José Moving forwards

A landmark gun control law in San José is free from legal challenges for the first time since its inception, following an appeals court ruling earlier this month, though it’s likely the issue will receive more scrutiny in the future.

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Proponents of the law say the latest legal victory could push other cities toward adopting similar regulations, envisioned as a partial salve in addressing gun violence locally while national action has long stalled.

“There are other municipalities that have tried to model ordinances after ours or are contemplating it and have been watching this really carefully,” said Tamarah Prevost, an attorney representing San José in the gun ordinance case.

“I think overall what it shows is that municipalities can come up with creative solutions to what’s obviously a very complex problem. So San Jose’s hope is that it sends a signal and sort of a green light to other municipalities that they should hopefully do the same,” Prevost said.

San José’s Gun Harm Reduction Ordinance – which requires gun owners in the city to carry a liability insurance policy and to pay a fee toward gun violence prevention – was the first of its kind and was mired in litigation beginning minutes after its approval by the City Council in January 2022.

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