Case information: Fiscal v. City and County of San Francisco, No. A115018 (Cal. Ct. App., Submitted May 29, 2007)
At issue: Challenging local ordinance prohibiting the sale, distribution and manufacture of firearms, and possession of handguns. The National Rifle Association and others filed a petition for writ of mandate and/or prohibition in the San Francisco County Superior Court after the California Court of Appeal denied a similar petition (see below). Both petitions challenge a San Francisco City and County ordinance prohibiting the sale, distribution, transfer and manufacture of all firearms and ammunition in San Francisco and banning possession of handguns by San Francisco residents. The Superior Court invalidated the ordinance on preemption grounds. On May 29, 2007, the Law Center applied for permission to file an amicus brief in support of the City and County of San Francisco. The Court of Appeal denied the Law Center’s application for permission to file the brief.
Law Center’s Brief: Our brief argues that the California Legislature and Courts have taken a narrow approach to the preemption of local gun regulation. The brief posits that a possession ban on some local residents is not preempted expressly or impliedly by state law.