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
Virginia: Anti-Gun Bills Headed to the Governor

News  

Sunday, March 8, 2026

Virginia: Anti-Gun Bills Headed to the Governor

As the 2026 General Assembly enters the final week of the 2026 legislative session, anti-gun lawmakers continue their push to radically change your Second Amendment rights in the Commonwealth. This week four anti-gun bills, SB ...

Senator Mike Lee Introduces National Constitutional Carry Act

News  

Friday, March 6, 2026

Senator Mike Lee Introduces National Constitutional Carry Act

Earlier this week, Senator Mike Lee (R-UT) introduced S. 4013, the National Constitutional Carry Act. This legislation would prohibit states from imposing any criminal or civil penalty on U.S. citizens for carrying a firearm in public. ...

Letitia James & Co. Sue to Bring Federal Gun Control Back from the Dead

News  

Monday, March 9, 2026

Letitia James & Co. Sue to Bring Federal Gun Control Back from the Dead

How times have changed. A little over a year ago, the most anti-Second Amendment President ever and his executive branch’s gun control agenda “had gun owners under siege on all fronts.” 

The Incremental Assault on the Second Amendment Continues in the States

News  

Monday, March 9, 2026

The Incremental Assault on the Second Amendment Continues in the States

State “assault weapons” ban legislation continues to gain traction in various jurisdictions this legislative session.

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Monday, March 9, 2026

Virginia: Semi-Auto Ban Heads to Governor Spanberger's Desk

Yet another piece of anti-gun legislation has made it out of the General Assembly and is on its way to Governor Spanberger.

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

News  

Monday, March 9, 2026

By George! Washington, D.C.’s Magazine Ban Invalidated by District’s Highest Court

Even as its formerly more liberty-loving neighbor, Virginia, goes down the tyrannical path of unconstitutional bans on firearms and magazines, residents of the nation’s capital last week gained a measure of relief from the District’s ...

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

Oregon: Senate Passes Ballot Measure 114 Bill

Friday, March 6, 2026

Oregon: Senate Passes Ballot Measure 114 Bill

Yesterday, the Senate passed an amended House Bill 4145, now engrossed as HB 4145 B. It will now return to the House for concurrence as amended.

Supreme Court Holds Oral Arguments in Marijuana Related Firearm Prohibition Case

News  

Monday, March 9, 2026

Supreme Court Holds Oral Arguments in Marijuana Related Firearm Prohibition Case

On March 2, the U.S. Supreme Court held oral arguments in U.S. v Hemani, a case concerning the federal firearm prohibition on marijuana users. 

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.