Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: Cities Backpedal on Over-Reaching & Preempted Local Anti-Gun Ordinances

Friday, November 16, 2018

California: Cities Backpedal on Over-Reaching & Preempted Local Anti-Gun Ordinances

Several years ago the City of Palm Springs passed an ordinance that required any person in the city who lost or had a firearm stolen from them to report the loss to police within 48 hours.  Current California state laws impose the same reporting requirement, except that state law provides a person 120 hours (5 days) to report a firearm lost or stolen once a person knows or should have known that it is missing. (Cal. Penal Code § 25250). 

Under the legal doctrine of preemption, a local regulation will be struck down if it duplicates state law, conflicts with state law, or enters a field wholly occupied by state law (O’Connell v. City of Stockton (2007) 41 Cal.4th 1061, 1067; Fiscal v. City and County of San Francisco (2008) 158 Cal.App.4th 895, 903-04.) “The consequences of preemption of a local measure is that the measure is unenforceable against anyone.” (City and County of San Francisco v. Regents of University of Cal. (2017) 11 Cal.App5th 1107, 1118).) 

With the above laws being stated, the City of Palm Springs’ local ordinance duplicated in part and conflicted in part with state law.  It imposes a harsher punishment than the state law does and penalizes conduct that would otherwise be allowed under state law because the ordinance shortens the time available to victims of gun theft to report the loss. 

The NRA and CRPA sent several letters to the City explaining the legal problems with the ordinance and demanding its repeal.  Earlier this week, the City of Palm Springs decided to repeal the reporting ordinance to avoid litigation. 

The City of Saratoga also withdrew an ordinance that would have imposed the same type of reporting limitation on victims of firearm theft. The NRA and CRPA notified Saratoga City Council of the illegality of the ordinance under the preemption doctrine, and the City chose to eliminate that portion of the ordinance in response. 

Continue to check your inbox and the California Stand and Fight web page for updates on issues impacting your Second Amendment rights and hunting heritage in California.

 

IN THIS ARTICLE
mandatory storage
TRENDING NOW
Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

News  

Monday, April 13, 2026

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

It’s only two months into one-party Democrat rule in the Old Dominion, and Virginians don’t like what they’re seeing.

Australia’s National Gun Buyback Already an “Extinct Policy”

News  

Monday, April 13, 2026

Australia’s National Gun Buyback Already an “Extinct Policy”

The ineffectual virtue-signaling that so-called gun “buybacks” represent is finally being exposed on a global level, given the massive problems with the Canadian, and now the Australian, federal government gun bans and grabs.

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Friday, April 10, 2026

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Today, the generally assembly passed SB 334, a ban on many common semi-automatic handguns, it now heads to the governor’s desk

Virginia: Governor Spanberger Signing Away Your Rights

Friday, April 10, 2026

Virginia: Governor Spanberger Signing Away Your Rights

Today, April 10th, Governor Spanberger met the expectations of her anti-gun allies, signing two bills into law. This action sets the tone for what may come next as she has until April 13th to render a ...

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

News  

Monday, April 13, 2026

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

The rapid expansion of regulations targeting 3D printed firearms is increasingly raising justifiable concerns apart from the Second Amendment community.

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

News  

Monday, April 13, 2026

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

In a development that will shock absolutely nobody acquainted with the realities of gun control, there was another security breach of firearm owner data maintained by a government agency.

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

As bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Gov. Abigail Spanberger (D) is seeking to make it even worse.

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

Thursday, April 9, 2026

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

On Monday, April 13th at 10:00 AM, the Senate Committee on Appropriations will hear Senate Bill 948, legislation aimed at dramatically expanding the scope and requirements of California's Firearm Safety Certificate.

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

Kansas: Legislature Adjourns Sine Die from 2026 Session, Governor Signs Suppressor Bill!

Monday, April 13, 2026

Kansas: Legislature Adjourns Sine Die from 2026 Session, Governor Signs Suppressor Bill!

On Saturday, April 11th, the Kansas Legislature adjourned sine die from the 2026 legislative session. 

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.