Friday, August 02, 2013

Calguns Foundation v. County of San Mateo (Cal. Ct. App. - Aug. 2, 2013)

Here's what seems to be the last shot fired in the decade-old fight about whether the Alameda County Fairground is required to allow gun shows.  The Court of Appeals holds that municipal regulation on this subject isn't preempted by state law.

The Ninth Circuit delivered its last word on the subject around a year ago.  I've discussed the underlying litigation repeatedly (e.g., here, here, here and here).

It's now over.  Lest a Hail Mary to the California Supreme Court succeed.

Two tiny points about the Court of Appeal's opinion:

(1)  It's unclear why the Court of Appeal didn't publish the opinion initially.  To me, the issue seems clearly worthy of publication to me.  Made even more so by the number of related opinions that were published.  Regardless, I'm glad the Court of Appeal eventually decided to publish this one.

(2)  You don't have to read between the lines to see that Justice Haerle is particularly unimpressed with the style or content of the appellate advocacy of the Calguns Foundation and its amicus, the NRA.  Just read any footnote or a random page.  The opinion is fairly dripping with noticeable jabs at the arguments made by these parties and the presentation thereof.  Not something you usually see from the Court of Appeal.