Case information: Fiscal v. City and County of San Francisco, No. CPF-05-505960 (Super. Ct., submitted January 25, 2006)
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. 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.
Law Center’s Brief: Our brief argues that the local ordinances are not, in fact, preempted by state law. The brief claims that the court set forth the appropriate standard for preemption in Nordyke and Great Western and that the standard is not met in this case. Therefore, the brief contends, the local regulations are not covered by state law and should be upheld.