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
Video: Arrogant Illinois State Senator Proposes Confiscating Guns

News  

Friday, June 21, 2019

Video: Arrogant Illinois State Senator Proposes Confiscating Guns

Anti-gun lawmakers, including some of those vying for the 2020 Democratic presidential nomination, are becoming increasingly open about their desire to confiscate firearms from law-abiding citizens and jail those who don’t comply. Perhaps taking a cue from their strident ...

Bloomberg Course: Certified in Advocacy

News  

Friday, June 21, 2019

Bloomberg Course: Certified in Advocacy

We did it. We “earned” a course certificate for the Bloomberg School’s massive open online course titled “Reducing Gun Violence in America: Evidence for Change.” After six grueling weeks we have heard what Michael Bloomberg’s ...

A Tale of Two Rallies

News  

Friday, June 21, 2019

A Tale of Two Rallies

The 2020 presidential contest is now underway in earnest. On Tuesday, President Trump officially kicked off his reelection campaign to a packed house at the 20,000 seat Amway Center in Orlando, FL. Earlier that day, ...

Governor Abbott Signs Ten Pro-Second Amendment Bills into Law

Monday, June 17, 2019

Governor Abbott Signs Ten Pro-Second Amendment Bills into Law

Governor Greg Abbott has now signed all of the NRA-supported legislation which the Texas Legislature sent him during the 2019 session.

California DOJ Proposes “Emergency” Regulations Requiring Federally  Compliant IDs for All Firearm and Ammunition Transfers

Tuesday, June 18, 2019

California DOJ Proposes “Emergency” Regulations Requiring Federally Compliant IDs for All Firearm and Ammunition Transfers

Yesterday, the California Department of Justice officially submitted proposed “emergency” regulations that, if adopted, would require federally compliant California driver license or identification cards whenever attempting to purchase a firearm and, beginning July 1, 2019, ...

New Jersey: Legislature Passes Smart Gun Legislation

Friday, June 21, 2019

New Jersey: Legislature Passes Smart Gun Legislation

On Thursday, both chambers of the New Jersey Legislature passed “smart gun” legislation despite this technology being more science fiction than reality.

California: Legislative Update and Hearings Next Week

Sunday, June 23, 2019

California: Legislative Update and Hearings Next Week

No summary available

Don’t Say They Didn’t Warn You: Left Leaning Voices Question Democrats’ Anti-Gun Proposals, Fervor

News  

Friday, June 7, 2019

Don’t Say They Didn’t Warn You: Left Leaning Voices Question Democrats’ Anti-Gun Proposals, Fervor

If the 2020 Democrat presidential primary is any indication, that party’s base and donor class will accept nothing less from their nominee than commitments to sweeping gun control. And the contenders appear happy to accommodate ...

California: NRA and CRPA Submit Opposition to DOJ’s Proposed “Emergency” Regulations Requiring Federally Compliant IDs for Firearm and Ammunition Transactions

Thursday, June 20, 2019

California: NRA and CRPA Submit Opposition to DOJ’s Proposed “Emergency” Regulations Requiring Federally Compliant IDs for Firearm and Ammunition Transactions

As reported earlier, the California Department of Justice recently proposed “emergency” regulations that, if adopted, would require federally compliant IDs whenever attempting to purchase a firearm and, beginning July 1, 2019, any ammunition in the ...

Oregon: Session Nears End, Senators Prevent a Quorum

Thursday, June 20, 2019

Oregon: Session Nears End, Senators Prevent a Quorum

Today, the Oregon Senate Minority Caucus left the Capitol building and are refusing to attend floor sessions in order to prevent a quorum on certain pieces of legislation.  Because of this, anti-gun legislators are now threatening ...

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.