Fiscal v. City and County of San Francisco Amicus Brief
Case information: Fiscal v. City and County of San Francisco, No. A111928 (Cal. Ct. App., submitted December 6, 2005)
At issue: Challenging local ordinance prohibiting the sale, distribution and manufacture of firearms, and possession of handguns. The National Rifle Association and others filed a petition for writ of mandate and/or prohibition in the California Court of Appeal to challenge a San Francisco City and County ordinance prohibiting the sale, distribution, transfer and manufacture of all firearms and ammunition in San Francisco and banning possession of handguns by San Francisco residents.
Law Center’s Brief: Our brief was submitted to the California Court of Appeal, which declined petitioners’ request to exercise original jurisdiction and denied the petition. Accordingly, the petition to file this amicus brief was denied as moot. The brief argues that a possession ban on some local residents does not set up a licensing or permitting requirement and, therefore, is not preempted by state law.