PDA

View Full Version : Does the state have a preemption of firearms law


littlejake
07-11-2012, 12:55 PM
I thought the state had a preemption on firearms laws -- at least that's what I recall from years back. Do they have it; did they ever have it? Did we lose it?

If they do have a preemption, how do all these cities Like, Los Angeles, put restrictions like their own 1 in 30?

Are these localities just flaunting state preemption?

paul0660
07-11-2012, 1:03 PM
Are these localities just flaunting state preemption?

Yes. As I recall the forum line is that we only need test cases.

mdimeo
07-11-2012, 1:27 PM
If they do have a preemption, how do all these cities Like, Los Angeles, put restrictions like their own 1 in 30?




# 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. .

That's pretty much it for preemption. Localities can't require additional licenses to buy, and they can't require registration beyond what the state requires.

Local sales restrictions aren't preempted.

Librarian
07-11-2012, 2:30 PM
And see the wiki -- http://wiki.calgunsfoundation.org/State_Preemption_of_Some_Gun_Regulation -- for the next bit of GC, that shows how the law is written when the Leg is really serious.

littlejake
07-11-2012, 3:06 PM
And see the wiki -- http://wiki.calgunsfoundation.org/State_Preemption_of_Some_Gun_Regulation -- for the next bit of GC, that shows how the law is written when the Leg is really serious.

So, BB guns and imitation firearms are well preempted; but the preemption for firearms is limited and vague.

Librarian -- thanks for pointing that out.

Kindest Regards,

Jake

Ctwo
07-12-2012, 11:06 AM
so that is how the city managed to get guns out of all retail shops in my city?

Untamed1972
07-12-2012, 11:30 AM
so that is how the city managed to get guns out of all retail shops in my city?

Because cities still retain jurisdiction over local zoning ordinances and business licesning, etc. So they just make running a gun shop so restrictive, onerous and expensive that no one can make a profit, so they close down or move.

Aldemar
07-12-2012, 2:08 PM
LA City has a couple of restrictions that are really nutty:

1) No ammo purchases the 10 days prior to July 4th and New Years. It is supposed to prevent the 'celebrating' we have all become accustomed to.

2) A "Saturday Night Special" law prohibiting the sale of small handguns. It was supposed to prevent the sale of cheap handguns. It doesn't restrict possession. I have a couple of small handguns that are definitely not cheap.

Both laws are easily circumvented via a 10 minute drive to Burbank or Simi Valley. I guess border checks into LA are forthcoming.