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View Full Version : Penal Code vs. City ordanance


strrizi
05-19-2009, 8:27 AM
Can a city ordinance supersedes the CA Penal Code? For example, it is not illegal for someone to open carry, however if a city creates an ordinance that says it is illegal to open carry, does that city ordinance supersedes the CA Penal Code.

TheBundo
05-19-2009, 8:45 AM
Yes, I believe so, since they aren't pre-empting a law, just making one where one doesn't exist

Doheny
05-19-2009, 8:51 AM
I believe when it comes to gun regulation, local governments are restricted as to what they can regulate. For example, when SF wanted a gun ban, it was struck down by the State Supreme Court. A notable quote by the court was: "When it comes to regulating firearms, local governments are well advised to tread lightly."

http://www.reuters.com/article/domesticNews/idUSN0962828620080110

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strrizi
05-19-2009, 8:52 AM
Local ordinances tend to take the state codes and make them stricter for their community, so yes they can.

Sounds like there is a lot of risks involved, if someone decides to open carry since one may not know the local city ordinance...

demnogis
05-19-2009, 9:23 AM
Short answer: No, not in respect to Open Carry. California has preemption of state laws.

Librarian
05-19-2009, 9:31 AM
Short answer: No, not in respect to Open Carry. California has preemption of state laws.

The preemption is narrower than that.

Government Code 53071. It is the intention of the Legislature to occupy the whole
field of regulation of the registration or licensing
of commercially manufactured firearms as encompassed by
the provisions of the Penal Code, and such provisions shall be
exclusive of all local regulations, relating to registration or
licensing of commercially manufactured firearms, by any
political subdivision as defined in Section 1721 of the Labor
Code.

So, yes, cities can regulate things like open carry as the laws are today.

Remember that cities and counties can create only misdemeanor and infraction crimes.