Huntington Beach Files Lawsuit Against Anti-Gun Ballot Initiative

May 11, 2018

On April 24, the City of Huntington Beach filed a lawsuit against Daniel Horgan, lead proponent of a proposed ballot initiative that if enacted would ban the possession and sale of “semi-automatic and automatic guns and rifles in the City of Huntington Beach.” The lawsuit, filed by Huntington Beach City Attorney Michael E. Gates, alleges the proposed ballot initiative is preempted by state law, unconstitutionally vague, imposes an unconstitutional taking, and is beyond the enforcement powers afforded to the City.

As stated in our previous alert, Mr. Horgan needs to gather at least 11,500 valid signatures in support by June 2 before he can submit his proposal to the voters in November. But nearly six months in, he has collected less than 10% of the required signatures. Many of the responses have also made clear that Huntington Beach residents are staunchly opposed to such misguided measures.

Not wanting to leave anything to chance, City Attorney Michael Gates filed the lawsuit and is seeking an injunction that will prevent the proposed initiative from being submitted to the voters—even if Mr. Horgan obtains the required number of signatures. As Mr. Gates stated in response to questions about the lawsuit, “I took an oath to uphold and defend the Constitution, and I believed this was the best way to fulfill that obligation.”

Get Out the Vote

Members should know that this lawsuit does not mean the fight against this ill-guided measure is over. And while it may be heartening to witness local jurisdictions stand up and defend the Second Amendment, you can bet others in California will not. So be sure to join CRPA at the upcoming Get Out the Vote! event to learn what you can do to help protect and promote Second Amendment rights here in California.

And be sure to subscribe to NRA and CRPA email alerts and visit the NRA-ILA’s California dedicated webpage at www.StandAndFightCalifornia.com and the new CRPA website at www.CRPA.org.

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