Calguns Foundation v. Co. of San Mateo

I. INTRODUCTION

In 2011, appellant Calguns Foundation, Inc. (Calguns) and two individual members (one its Chairman) filed an injunctive and declaratory relief action seeking a judgment declaring that a San Mateo County ordinance which precludes the possession and use of guns in the county‟s parks and recreational areas is preempted by state law, and hence enjoining enforcement of that ordinance. After briefing and argument, the trial court sustained the County‟s demurrer to the complaint and entered a judgment of dismissal. We affirm that judgment.

II. FACTUAL AND PROCEDURAL BACKGROUND

Appellants‟ complaint, filed on October 20, 2011, sought “Injunctive/Declaratory Relief” from the trial court and stated that the “policies, procedures and practices of the” County in administering San Mateo County Ordinance No. 3.68.0801 “is preempted by State law,” specifically former Penal Code section 12050 (now section 26150.)2 Ordinance No. 3.68.080, the relevant portion of which was originally enacted in 1934, now provides in relevant part: “(o) Firearms and Dangerous Weapons. Except as provided in subsection (p) and subsection (q), no person shall have in his possession within any County…