Sunnyvale Measure C (Gun Violence Prevention) Ordinance Litigation
In Leonard Fyock, et al v. City of Sunnyvale, et al., No. 13-cv-05807 RMW (N.D. Cal.), Farella attorneys successfully defended the City of Sunnyvale’s ban on possession of large capacity magazines against a Second Amendment attack by the National Rifle Association. After full briefing and argument, Judge Whyte denied the plaintiffs’ motion for a preliminary injunction in March 2014. The plaintiffs appealed the ruling and filed emergency motions, first with the Ninth Circuit and later the U.S. Supreme Court, seeking to stop the ordinance from taking effect pending the resolution of the appeal. The Farella team opposed both emergency motions on behalf of Sunnyvale, and both motions were denied. The Ninth Circuit Court heard oral argument from Farella and a specialist hired by the NRA on Nov. 17, 2014. On March 4, 2015 it affirmed the district court’s denial of the plaintiffs’ motion for a preliminary injunction.