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
Pennsylvania: House Committee Passes Firearm Confiscation Orders - Schedules Additional Gun Control for Tomorrow

Tuesday, June 19, 2018

Pennsylvania: House Committee Passes Firearm Confiscation Orders - Schedules Additional Gun Control for Tomorrow

Today, the Pennsylvania House Judiciary Committee passed House Bill 2227, legislation that creates so-called “extreme risk protection orders” whereby a hearing would be held, firearms would be seized and constitutional rights suspended with little to no due ...

Gun Control Lobby Gives Hillary Clinton Participation Trophy

News  

Friday, June 22, 2018

Gun Control Lobby Gives Hillary Clinton Participation Trophy

What does your child’s tee-ball team, an elementary school field day, and the institutional gun control lobby have in common? They all give out participation trophies.

Australia: Law-abiding Rifle Owners Made to Justify Their Guns and Politicians Target “Semi-semi-automatic” Firearms

News  

Friday, June 22, 2018

Australia: Law-abiding Rifle Owners Made to Justify Their Guns and Politicians Target “Semi-semi-automatic” Firearms

Further proof that appeasing gun control advocates never works came from Australia this month. Illustrating Australia’s treatment of the right to keep and bear arms as a mere privilege, the West Australia government has demanded ...

Pennsylvania: House Committee to Consider Multiple Gun Control Bills Tomorrow

Monday, June 18, 2018

Pennsylvania: House Committee to Consider Multiple Gun Control Bills Tomorrow

Tomorrow, the Pennsylvania House Judiciary Committee is scheduled to consider several gun control bills that would only punish law-abiding gun owners.

Pennsylvania: Gun Control Legislation to be Considered on the House Floor

Wednesday, June 20, 2018

Pennsylvania: Gun Control Legislation to be Considered on the House Floor

This morning, the House Judiciary Committee continued its push for gun control by passing House Bill 1872, legislation which would ban many firearm accessories.

United States Holds the Line During Discussions on the U.N.’s Gun Control Programme of Action

News  

Friday, June 22, 2018

United States Holds the Line During Discussions on the U.N.’s Gun Control Programme of Action

This week marked the beginning of the two week long Third Review Conference (RevCon3) of the United Nation’s Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons ...

The Supreme Court Strikes Down Law that Targeted Gun Owners’ Speech

Friday, June 15, 2018

The Supreme Court Strikes Down Law that Targeted Gun Owners’ Speech

The Supreme Court struck down a Minnesota law that forbade voters from wearing “political insignias” at polling places after the law was challenged by a voter who was told he must remove or cover his ...

News  

Thursday, June 21, 2018

NRA Backs Motion to Halt New Jersey Magazine Ban

NRA is backing a motion filed in the U.S. District Court of New Jersey to halt the enforcement of New Jersey's ban on so-called “high-capacity” magazines until the court rules on the underlying case. 

Oregon: Gun Control Proponents Suspend Attempts to Qualify Initiative Petition 44

Hunting  

Wednesday, June 20, 2018

Oregon: Gun Control Proponents Suspend Attempts to Qualify Initiative Petition 44

Earlier today, the proponents for Initiative Petition 44 announced they are suspending their campaign for the year and will no longer seek to place the initiative on the November ballot.

Anti-Gun Democrats Inject Politics into Banking, Seek Punishment for Regulator Who Pushes Back

News  

Second Amendment  

Friday, June 22, 2018

Anti-Gun Democrats Inject Politics into Banking, Seek Punishment for Regulator Who Pushes Back

Should law-abiding Americans be able to participate in the modern economy on equal terms? Or should unscrupulous politicians who can’t earn the votes to pass their policy proposals the democratic way use access to financial ...

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.