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Farella Braun + Martel Leads City of Sunnyvale to Win Significant Ruling in Gun Safety Ordinance Case

March 5, 2014 Press Release

SAN FRANCISCO, March 05, 2014 – Farella Braun + Martel LLP has represented the City of Sunnyvale in its successful opposition to a case challenging the City’s new gun safety ordinance banning large capacity firearm magazines. Today, the judge denied the plaintiff’s request for a preliminary injunction.

According to the court order, the plaintiffs are not likely to succeed on the merits of their claim, they failed to prove that they would suffer irreparable harm absent a preliminary injunction, and the public interest favors Sunnyvale.

Farella is providing pro bono legal defense services related to the City’s gun safety ordinance, “Measure C,” which went into effect December 6, 2013. The ordinance contains new requirements related to 1) reporting the loss or theft of firearms, 2) safe storage of firearms within residences, 3) prohibiting large-capacity magazines and 4) recordkeeping requirements for ammunition sales.

On December 16, 2013, a lawsuit was filed by C.D. Michel of Michel & Associates, P.C. on behalf of six Sunnyvale residents who claim that they possess large capacity magazines and are harmed by Measure C. The lawsuit alleges that the prohibition on possession of large capacity magazines in Measure C constitutes a violation of the Second Amendment.

The Farella team is led by Partners Tony Schoenberg and Rod Thompson and includes Associates James Baker, Evan Engstrom and Rochelle Woods.

The ruling is being appealed.

Farella Braun + Martel represents clients throughout the United States and abroad in sophisticated business transactions and high-stakes commercial, civil and criminal litigation. Farella lawyers are known for their imaginative legal solutions, dynamism and intellectual creativity. With an unwavering service ethic and interdisciplinary team approach, the firm is committed to advancing clients' objectives in the most effective, coordinated and efficient manner. Founded in 1962, Farella is headquartered in San Francisco and maintains an office in the Napa Valley focused on the wine industry. www.fbm.com

Contact:
Cheryl Loof
Farella Braun + Martel LLP
415.954.4433 / [email protected]