Case Information: Fiscal v. City and County of San Francisco, No. S160968 (Cal., Filed Mar. 20, 2008)
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 California Court of Appeal to 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. On January 9, 2008, a California Court of Appeal struck down the ordinance, finding it preempted by state law. San Francisco appealed this decision to the California Supreme Court.
Law Center’s Amicus Letter: This amicus letter was filed in the California Supreme Court in support of San Francisco. It claims that the local regulation of firearms is necessary to address the varied needs of local governments. The brief argues that firearms regulations are more a matter of local than state concern. Finally, the letter contends that the effect of the state law is not actually preemptive.