Can Police Pay Surprise Visits to Legal Gun Owners’ Homes?

In 2007, as San Francisco’s district attorney, Kamala Harris advocated for stricter gun control laws, including a controversial measure allowing authorities to inspect homes to ensure proper firearm storage. Speaking to reporters, Harris stated that even legal gun owners would be subject to home inspections under the new law, emphasizing the need for responsible behavior in gun ownership.

“We’re going to require responsible behaviors among everybody in the community, and just because you legally possess a gun in the sanctity of your locked home doesn’t mean that we’re not going to walk into that home and check to see if you’re being responsible and safe,” Harris said.

The legislation, which she helped draft, aimed to impose penalties on gun owners who failed to store firearms properly. It was introduced to the city’s board of supervisors and signed into law by then-Mayor Gavin Newsom later that year. The new provisions were part of a broader gun control package that included additional requirements for legal gun distributors and a ban on possessing firearms, even legally, in public housing.

Newsom declared that San Francisco now had the strictest anti-gun laws in the country when he signed the bill. Harris defended the measure, stating that the legislation was intended to promote “certain kinds of behavior” and reflected the city’s values. However, the law sparked significant controversy, particularly among gun rights advocates like the National Rifle Association (NRA), which challenged various aspects of the city’s gun control laws in court.

Harris has continued to face criticism for her stance on gun control, particularly in light of her shifting positions during her 2020 presidential campaign. Although she once supported mandatory gun buybacks, Harris later clarified her position, stating that while she owns a firearm, she supports common-sense safety measures.

The legislation she championed as district attorney faced legal challenges but was upheld by the 9th U.S. Circuit Court of Appeals. Despite opposition from the NRA, the court ruled that the safe-storage law served a government interest by reducing gun-related injuries and deaths.

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