Can a section of an ordinance that prohibits the possession of firearms on county property refer only to gun shows?

California, United States of America


The following excerpt is from Nordyke v. King, 118 Cal.Rptr.2d 761, 27 Cal.4th 875, 44 P.3d 133 (Cal. 2002):

Significantly, this case is not one in which we are asked to enforce an independent provision in an ordinance after severing a preempted provision. (See, e.g., Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, 292, 219 Cal.Rptr. 467, 707 P.2d 840.) Rather, the provision that the majority enforcesthe prohibition against possessing firearms on county property is the same provision that conflicts with state law. Nor is this a case where the ordinance is ambiguous and might be construed narrowly so as to avoid preemption problems. (See, e.g., In re Cox (1970) 3 Cal.3d 205, 220, fn. 18, 90 Cal.Rptr. 24, 474 P.2d 992.) No one could reasonably construe a general prohibition against firearm possession to refer only to gun shows, and no one reading the ordinance without the benefit of a law degree and a careful study of our decisions would guess that the ordinance merely refers to gun shows.

Other Questions


Can a probation condition prohibiting possession of firearms or ammunition be changed to prohibit possession of a firearm without a knowledge requirement? (California, United States of America)
Does section 654 of the California Criminal Code prohibit multiple punishment for possessing a firearm and possessing ammunition outside apart from that firearm? (California, United States of America)
In what circumstances will a court allow a defendant to appeal against his conviction for possession of a firearm and possession of an unregistered firearm pursuant to section 186.22(b)(1) of the Criminal Code? (California, United States of America)
Is a convicted felon convicted of assault with a deadly weapon and felon in possession of a firearm prohibited from possessing a firearm? (California, United States of America)
Can a convicted felon who is in possession of a firearm for a short period of time, but who has not been convicted of a criminal offence under section 12021 of the California Penal Code, can he continue to possess the firearm? (California, United States of America)
When an ex-felon commits a crime using a firearm and arrives at the scene already in possession of the firearm, does Section 654 of the Criminal Code bar assault with a firearm? (California, United States of America)
How have courts interpreted section 654 of the California Criminal Code for possession of a firearm and the possession of ammunition in a firearm? (California, United States of America)
Does section 654 of the California Criminal Code prohibit multiple punishment for possession of a firearm by a convicted felon and possession of ammunition by a felon? (California, United States of America)
Can a defendant appeal against his convictions for possession of a firearm and possession of an assault weapon under section 654 of the Criminal Code? (California, United States of America)
What is the effect of section 654 of the Criminal Code of California on a sentence for possession of a firearm and possession of ammunition? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.