California Supreme Court Ponders Local Gun Bans
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California Supreme Court Ponders Local Gun Bans





Two separate lawsuits challenging local governmental authority to regulate the ownership and sale of firearms are currently being considered by the California high court, and initial reports reveal the court definitely leaning in favor of at least limited government control. The two suits, filed by state gun show promoters, are contesting Los Angeles County’s ban on the sales of guns and ammunition on county property where some of the state’s largest gun shows are held, and an Alameda County law banning firearms possession on its property. The plaintiffs argue that the local bans infringe on their commercial free-speech rights, and that the counties have exceeded their authority because the ordinances are pre-empted by state laws governing firearms. Justice Joyce Kennard, however, was quoted in one of the cases as saying, “There is no specific state law that prohibits the conduct that the ordinances in question are prohibiting on county property.” Justice Ming Chin also observed that state law permits counties to regulate the “time, place and manner” of gun sales, and asked plaintiffs’ attorneys whether the ordinances in question were not simply “a restriction on place?”

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