Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: The NRA Files Amicus Brief in Case Challenging Ban on Firearms in Parks

Thursday, April 4, 2013

On April 1, 2012, the National Rifle Association (NRA) through their attorneys at Michel & Associates, weighed in on the state firearms preemption case of Calguns Foundation, Inc. v. County of San Mateo.  This case is now before the California Court of Appeal.  If the appellate court upholds the trial court’s ruling against the plaintiffs, this case could set bad precedent for future cases challenging local regulation of firearm possession on legal preemption grounds.

This Calguns Foundation (CGF) case challenges a San Mateo County ordinance that bans the possession of firearms in county parks and recreation areas, without providing an exception for people licensed to carry handguns in public. Specifically, this lawsuit alleges that Government Code section 53071, as interpreted in the favorable opinion achieved by the NRA in Fiscal v. City and County of San Francisco, "preempts" local ordinances and prevents local governments from passing ordinances that interfere with the authority granted by state-issued licenses authorizing the carrying of handguns in public ("carry licenses").

The NRA’s amicus curiae ("friend-of-the-court") brief presents the court with two preemption arguments that were not raised by the parties, through which the court should find that the county ordinance is preempted and void.  The NRA brief argues primarily that because this ordinance prohibits holders of carry licenses from carrying a firearm pursuant to their valid, state-issued-and-regulated license while in certain areas (i.e. parks), it contradicts with state law and so is preempted.

The NRA brief also argues that the state implicitly occupies the entire legal field of regulating carry licensing and regulation, to the exclusion of further local regulation.  CGF conceded the "implied preemption" argument in its briefs.  The NRA’s brief seeks to resurrect that valid preemption argument.

In 2008, the NRA and attorneys at Michel & Associates, brought a firearms preemption challenge to San Francisco’s Proposition H, which banned handgun possession entirely and banned the manufacture, distribution, and sale of firearms and ammunition within San Francisco.  That court victory in the Fiscal case established valuable legal precedent and set the stage for other preemption lawsuits.  The Fiscal decision was relied on heavily by CGF’s attorneys in their briefs.

Copies of the court filings in Calguns Foundation, Inc. v. County of San Mateo can be viewed here.

 

Help NRA Get Californian’s Connected With NRA’s California Resources


Help the NRA expand its California network to keep all pro-Second Amendment Californians better informed about legislation in Congress, Sacramento, and locally that threatens your right to keep and bear arms, as well as developments in Second Amendment litigation and regulatory enforcement actions.  Please forward this email to your family, friends and fellow gun owners, whether they belong to the NRA or not!  Encourage them to sign up for California NRA’s Stayed Informed e-mails here. And follow NRA through these additional connections:

Websites:

NRA-ILA, NRA-ILA California, NRA – ILA Legal Update, CalNRA.com, CRPA.org, CalGunLaws.com, HuntforTruth.org

Facebook Pages: NRA’s Facebook page, CalGunLaws.com Facebook page, NRA Members' Councils' Facebook page, Hunt for Truth Facebook page

LinkedIn: NRA’s LinkedIn page, YouTube: NRA YouTube, Twitter: NRA Twitter, NRA-ILA Twitter, CalNRATwitter, CalGunLaws Twitter

The NRA recognizes that California is one of the most active Second Amendment "battleground states," so for decades NRA has devoted substantial resources to fighting for the right to keep and bear arms for Californians. The NRA has full-time legislative advocates in its Sacramento office fighting ill-conceived gun ban proposals. NRA coordinates a statewide campaign to fight ill-conceived local gun bans and regulations. And NRA has been litigating cases in California courts to promote the right to self-defense and the Second Amendment for many years. NRA’s California legal team continues to work pro-actively to strike down ill-conceived gun control laws and ordinances, and to protect the Second Amendment rights of California firearms owners. For information about NRA’s litigation efforts, see www.nraila.org/legal/litigation.aspx

To donate to help support the NRA’s California efforts, please click here.

TRENDING NOW
ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

Thursday, April 18, 2024

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

After a nearly 24-hour marathon legislative session, the Maine House and Senate finally adjourned until "Veto Day" in the coming weeks. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.