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
NRA Files Lawsuit Challenging Maryland’s Glock Ban

Wednesday, May 27, 2026

NRA Files Lawsuit Challenging Maryland’s Glock Ban

The National Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation filed a lawsuit yesterday challenging Maryland’s ban on Glock and Glock-style handguns.

Talking Turkey: Spanberger Admits Legislation Bans Firearms “Frequently Used” for Lawful Purpose

News  

Tuesday, May 26, 2026

Talking Turkey: Spanberger Admits Legislation Bans Firearms “Frequently Used” for Lawful Purpose

Anti-gun arrogance, or incompetence, is reaching new heights.

New York:  Gov. Kathy Hochul and Democrat Majorities Use The Budget to Adopt Gun Ban

Saturday, May 23, 2026

New York: Gov. Kathy Hochul and Democrat Majorities Use The Budget to Adopt Gun Ban

On Thursday, May 21, the New York Senate and Assembly used the State Budget as a vehicle to not only finance state government but also to pass a handful of their other policy priorities. 

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

New ATF Director Tells Congress Agency Committed to Rebuilding Trust with the Industry, Federal Firearms Licensees, Lawful Gun Owners

News  

Tuesday, May 26, 2026

New ATF Director Tells Congress Agency Committed to Rebuilding Trust with the Industry, Federal Firearms Licensees, Lawful Gun Owners

America’s Second Amendment community had some insights into the outlook of the newly confirmed ATF Director Robert Cekada, when he recently testified before the House Oversight Committee’s Subcommittee on Federal Law Enforcement. 

Bloomberg’s Concealed Carry Policy Guide Built on Bureaucracy, Not Public Safety

News  

Tuesday, May 26, 2026

Bloomberg’s Concealed Carry Policy Guide Built on Bureaucracy, Not Public Safety

Anti-gun extremist Michael Bloomberg thankfully commands fewer headlines these days. But policy efforts like the latest “Public Carry Permitting Model Policy Guide”  from the Johns Hopkins School of Public Health’s Center for Gun Violence Solutions still ...

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

NRA-ILA Applauds House Passage of Veterans Protection Bill

News  

Thursday, May 21, 2026

NRA-ILA Applauds House Passage of Veterans Protection Bill

Today, the U.S. House of Representatives passed H.R. 1041, the Veterans 2nd Amendment Protection Act. This bill, sponsored by Chairman Mike Bost (R-IL-12) would reverse a controversial and deeply troubling policy that stripped veterans of ...

Cert Petition Filed in NRA-Supported Challenge to Maryland’s “Sensitive Places” Carry Restrictions

Wednesday, May 20, 2026

Cert Petition Filed in NRA-Supported Challenge to Maryland’s “Sensitive Places” Carry Restrictions

A petition for a writ of certiorari has been filed in the NRA-supported case, Kipke v. Moore, seeking Supreme Court review of Maryland’s sweeping carry restrictions enacted under the Gun Safety Act of 2023.

Virginia: Despite Injunction, Virginia State Police to Conduct Background Checks for Private Sales

Thursday, May 28, 2026

Virginia: Despite Injunction, Virginia State Police to Conduct Background Checks for Private Sales

On May 27th, Virginia-based gun rights group the Virginia Citizens Defense League (VCDL) was informed by the Virginia Attorney General’s office that the Virginia State Police (VSP) would resume conducting background checks on private firearm ...

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.