Suter

Appellants Edgar S. Suter et al. appeal from a judgment entered after the superior court sustained a demurrer without leave to amend to their consolidated complaint and petition for writ of mandate. They also appeal from a postjudgment order denying their request for attorney fees.

The City of Lafayette enacted an ordinance requiring persons seeking to sell, transfer or lease weapons to obtain land use permits and police permits in addition to the licenses already required by state and federal law. Appellants contend that the ordinance is preempted by state law and that it violates constitutional principles of equal protection and due process. We find that local governments are not generally excluded by state law from imposing additional licensing requirements on firearm dealers. We further find that with one exception, the specific provisions at issue here do not conflict with, duplicate, or enter into a field fully occupied by state law and are not, therefore, preempted. We find that provisions such as those at issue here are well within the police powers granted municipalities and that they meet constitutional requirements for equal protection and due process. We will…