What is the test for a state to regulate the possession of loaded firearms on government premises?

California, United States of America


The following excerpt is from Galvan v. Superior Court of City and County of San Francisco, 452 P.2d 930, 70 Cal.2d 851, 76 Cal.Rptr. 642 (Cal. 1969):

The task is, as shown in Hubbard, to determine whether the state has occupied a relevant field--an area of legislation which includes the subject of the local legislation, and is sufficiently logically related so that a court or a local legislative body, can detect a patterned approach to the subject. Thus, that the state has legislated concerning the possession of loaded firearms on government premises (e.g., Pen.Code, 171c--171e) indicates no patterned approach to the subject of prohibited users, such as prisoners or exfelons or minors. A field cannot properly consist of statutes unified by a single common noun. (See Markus v. Justice's Court, 117 Cal.App.2d 391, 396--397, 255 P.2d 883 (local licensing of dogs not preempted by state).)

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