Great Western Shows, Inc. v. County of Los Angeles

We granted the request of the United States Court of Appeals for the Ninth Circuit for certification, pursuant to California Rules of Court, rule 29.5 to address the following questions.

1. Does state law regulating the sale of firearms and gun shows preempt a county ordinance prohibiting gun and ammunition sales on county property?

2. May a county, consistent with article XI, section 7 of the California Constitution, regulate the sale of firearms on its property located in an incorporated city within the borders of the county?

The first question may be rephrased as follows: Does state law compel counties to allow their property to be used for gun shows at which guns and ammunition are sold? We conclude that it does not.

We further conclude that a county may regulate the sale of firearms on its property located in a city when, as here, the county ordinance does not conflict with city law.

I. Certification

Rule 29.5(f) of the California Rules of Court states: “The California Supreme Court shall have discretion to accept or deny the request for an answer to [a] certified question of law. In exercising its discretion the court may consider: HQ (1) factors that it…

By enacting an ordinance prohibiting the sale of firearms on county property (L.A. County Code, ch. 13.67, § 13.67.030) and enforcing the ordinance with respect to the Los Angeles County Fairgrounds, Los Angeles County seeks to regulate affairs within the City of Pomona, an incorporated city. It cannot do so. (Cal. Const., art. XI, § 7; In re Knight (1921) 55 Cal.App. 511, 517-518 [ 203 P. 777 ]; Ex parte Pfirrmann (1901) 134 Cal. 143, 145 [ 66 P. 205 ].) Citing Hall v. City of Taft (1956) 47 Cal.2d 177 [ 302 P.2d 574 ], the majority carves out an exception for county regulations governing the use of county property. (Maj. opn., ante, at pp. 871-872.) I agree that Los Angeles County is free to manage its property in the City of Pomona without local interference. (Hall v. City of Taft , at p. 183.) Pomona may not, for example, dictate the terms of the county’s leases. But this exception applies only where a county is acting in its capacity as a property owner. (Ibid.) The exception does not permit a county to enact police power regulations governing the use of its property by independent parties to whom it has leased the property, because when the Legislature creates an…

Law Offices of Bruce Colodny and Bruce Colodny, San Bernardino, for California Rifle & Pistol Association and Law Enforcement Alliance of America as Amici Cuirae on behalf of Plaintiff and Respondent.

We granted the request of the United States Court of Appeals for the Ninth Circuit for certification, pursuant to California Rules of Court, rule 29.5 to address the following questions.

1. Does state law regulating the sale of firearms and gun shows preempt a county ordinance prohibiting gun and ammunition sales on county property?

2. May a county, consistent with article XI, section 7 of the California Constitution, regulate the sale of firearms on its property located in an incorporated city within the borders of the county?

The first question may be rephrased as follows: Does state law compel counties to allow their property to be used for gun shows at which guns and ammunition are sold? We conclude that it does not.

We further conclude that a county may regulate the sale of firearms on its property located in a city when, as here, the county ordinance does not conflict with city law.

Rule 29.5(f) of the California Rules of Court states: "The California Supreme…