Cal. Rifle & Pistol Ass'n v. City of West Hollywood

Good Law
1998 Cal. App. LEXIS 812·66 Cal. App. 4th 1302·78 Cal. Rptr. 2d 591·98 Daily Journal DAR 10389·98 Cal. Daily Op. Serv. 7503
Court of Appeal of CaliforniaSeptember 29, 1998B108910California11,361 words

Opinion

Opinion

Zebrowski, J.

The City of West Hollywood (the City) passed an ordinance which banned, within city limits, the retail or wholesale sale of any handgun which the City classifies as a “Saturday Night Special” (SNS). Plaintiffs sued to invalidate the ordinance, primarily contending that the ordinance was preempted by state law. The City moved for summary judgment. The trial court found the ordinance not preempted and otherwise valid, and granted the City’s motion. This appeal followed.

Arrayed on either side of the issue are opposing armies of parties and amici curiae. The plaintiffs are the California Rifle and Pistol Association, the National Rifle Association, a UCLA law professor and a UCLA English professor who have paid taxes “levied for the benefit of the . . . City,” plus the owner of a West Hollywood jewelry store and the owner of a West Hollywood pawnshop who wish to purchase SNS handguns within the City. The amici curiae supporting plaintiffs are the Congress of Racial Equality, the Women’s Safety Alliance, the Law Enforcement Alliance of America, the Lawyers’ Second Amendment Society, Doctors for Integrity in Policy Research, Doctors for Responsible Gun Ownership, Gun Owners…

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