California Court of Appeal

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Fiscal v. City and County of San Francisco, A115018

In a case challenging a San Francisco gun control ordinance, which included a ban on possession, a judgment that the ordinance was preempted by state law is affirmed where: 1) the invalid portions of the ordinance were not severable from the arguably valid portions and, thus, the ordinance was preempted in its entirety; and 2) the city's home rule power under the California Constitution, article XI, section 5(a) did not override state preemption as the field being regulated was one of statewide, rather than local, concern.

Appellate Information

  • Decided 01/09/2008
  • Published 01/09/2008


  • RUVOLO, P.J.


  • California Court of Appeal


  • For Appellant:
  • Dennis J. Herrera, San Francisco City Attorney, Wayne Snodgrass, Vince Chhabria, Deputy City Attorneys, for Appellants.

  • For Appellees:
  • Trutanich Michel, C.D., Michel, Don B. Kates, Glenn S. McRoberts and Thomas E. Maciejewski, Long Beach, for Respondents, Amicus Curiae on Behalf of Respondents:, Michael S. Hebel, San Francisco, for The San Francisco Police Officers Association as Amicus Curiae, on behalf of Plaintiffs and Respondents., Law Office of Donald Kilmer, Donald E. Kilmer, Jr., San Jose, for Gun Owners of California, Senator H.L. Richardson (ret.), The Madison Society and California Rifle & Pistol Association, as Amici Curiae on behalf of Plaintiffs and Respondents., Law Offices of Bruce Colodny, Bruce Colodny, San Bernardino, for American Entertainment Armories Association as Amicus Curiae on behalf of Plaintiffs and Respondents.
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