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
Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

News  

Monday, July 29, 2024

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

Since President Joe Biden unceremoniously dropped out, or was forced out, of the 2024 presidential race on July 21, Vice President Kamala Harris has been effectively coronated as the Democratic presidential nominee.

Florida: Vote "YES" on Amendment 2 - Protect the Right to Fish & Hunt

Monday, October 21, 2024

Florida: Vote "YES" on Amendment 2 - Protect the Right to Fish & Hunt

The upcoming 2024 General Election puts forth a proposal to Florida voters on the ballot to amend the State Constitution to affirm and protect Floridians' Right to Fish and Hunt. Amendment 2 states:

Kamala for Gun Confiscation: In Her Own Words

News  

Monday, September 16, 2024

Kamala for Gun Confiscation: In Her Own Words

During the September 10 presidential debate, President Donald Trump correctly highlighted Democratic presidential nominee Kamala Harris’s support for gun confiscation. A visibly defensive Harris claimed, “We're not taking anybody's guns away. So stop with the ...

Kamala’s Big Problem: She’s Already Shown Us Who She Is

News  

Monday, October 28, 2024

Kamala’s Big Problem: She’s Already Shown Us Who She Is

At a town hall event on October 21 in Royal Oak, Michigan, Democrat presidential candidate Vice President Kamala Harris was asked how she would make “impactful and immediate progress around gun violence” if she was ...

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

News  

Monday, July 29, 2024

Kamala Harris is an Existential Threat to the Second Amendment and Supports Gun Confiscation

Since President Joe Biden unceremoniously dropped out, or was forced out, of the 2024 presidential race on July 21, Vice President Kamala Harris has been effectively coronated as the Democratic presidential nominee.

Kamala Harris’ Record on Gun Control and Second Amendment

News  

Thursday, October 3, 2024

Kamala Harris’ Record on Gun Control and Second Amendment

Vice President Kamala Harris has consistently campaigned for draconian gun control laws, which severely limit the rights of lawful gun owners.

NRA’s Political Victory Fund Endorses President Donald J. Trump

News  

Saturday, May 18, 2024

NRA’s Political Victory Fund Endorses President Donald J. Trump

Today, the National Rifle Association's Political Victory Fund (NRA-PVF) is honored to announce its full endorsement of President Donald J. Trump for re-election to a second term as President of the United States of America. ...

Tim Walz Hunts for Voters in Outdoor Photo Op

News  

Monday, October 21, 2024

Tim Walz Hunts for Voters in Outdoor Photo Op

History shows, when anti-gun politicians take to the field, gun owners have good reason to be concerned.

Michigan: Governor Whitmer Signs Bill Funding Tipline to Turn in Gun Owners

Thursday, October 10, 2024

Michigan: Governor Whitmer Signs Bill Funding Tipline to Turn in Gun Owners

Today, Governor Whitmer signed House Bill 5503. Originally a bill providing critical funding for Michigan schools, it was politicized with an amendment to create an anonymous tipline for the purpose of reporting the "unsafe" storage of firearms. The ...

Kamala Harris Claims to Own a Glock, But Supported Handgun Bans for YOU!

News  

Monday, October 14, 2024

Kamala Harris Claims to Own a Glock, But Supported Handgun Bans for YOU!

In a lame attempt to run away from her radical anti-gun and anti-Second Amendment record, Democratic presidential nominee Kamala Harris has spent the last several weeks claiming that she is a gun owner.

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.