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Can city prohibit UOC

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crash5150

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I've been lurking on the forums for a while now. I've been told my home town doesn't allow UOC because of city ordinance. I would think these large cities would have such city ordinance if that was the case.

Can a city use municipal code to prohibit UOC in city limits?, or does state law triumph city law in this instance?
 
Gundude

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crash5150 wrote:
I've been lurking on the forums for a while now. I've been told my home town doesn't allow UOC because of city ordinance. I would think these large cities would have such city ordinance if that was the case.

Can a city use municipal code to prohibit UOC in city limits?, or does state law triumph city law in this instance?
Click to expand...
Where are you? If you are in Calif, state gun laws supercede city laws.
 
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crash5150

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Gundude wrote
Where are you? If you are in Calif, state gun laws supercede city laws.
Click to expand...

I am in California. I've heard from various LEO's in City of Napa to arrest all people that UOC
 
wewd

wewd

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Napa does not have an ordinance against carrying firearms. The only reference that I could find in the municipal code was in reference to discharging a firearm:

Code: 
9.20.010 Discharging firearms.
      A.   Every person who, except in a regularly licensed shooting gallery, shall discharge any pistol, firearm, air gun, musket, slingshot or instrument of any kind, character or description, which throws a bullet, shot or missile for any distance, by means of the elastic force of gases or any explosive substance, is guilty of a misdemeanor.
      B.   The provisions of subsection A shall not apply to the discharging of shotguns in a hunting area for which a permit has been issued by the police chief. Said hunting areas shall not be smaller than one hundred acres nor lie within one hundred yards of any public road or residence and shall be subject to such further reasonable restrictions as may be set forth in the permit. Neither shall they apply to police officers acting in the line of duty.
(Rev. Code 1954, § 6162; Ord. 1308, 1958; Ord. 1619, 1964)
 
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Mike

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Generally it appears Cal. Penal Code Sections 12031 and 12050 create field preemption as to local ordiances except as to ordiances banning gun carry on city proeprty. See Cal. S. Ct. opinion in Nordyke case (finding no preemption in 12031 for local property).

So in theory, you should be OK to carry per Cal. Penal Code Sections 12031 and 12050 in public places, including sidewalks and roads.
 
mjones

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Mike wrote:
Generally it appears Cal. Penal Code Sections 12031 and 12050 create field preemption as to local ordiances except as to ordiances banning gun carry on city proeprty. See Cal. S. Ct. opinion in Nordyke case (finding no preemption in 12031 for local property).

So in theory, you should be OK to carry per Cal. Penal Code Sections 12031 and 12050 in public places, including sidewalks and roads.
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Mike, I'd like your opinion on 171b with regard to preemption for Public Buildings (as opposed to Public Property) Do you think it encompasses the field of regulation strong enough such that a local city council couldn't pass additional firearms restrictions in city buildings?
 
MudCamper

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Sometimes cities do pass additional restrictions, but they legally do not have the authority to do so, other than shooting restrictions. California state law does not allow local law to preempt state law.

I've heard from various LEO's in City of Napa to arrest all people that UOC
Click to expand...
This is a fairly typical arrogant LE reaction to what they perceive as a threat to their authority. It used to be more common with other LEAs until the UOC memos started circulating. You could send your local LEA a flyer and a couple of the LE memos.
 
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Mike

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mjones wrote:
Mike, I'd like your opinion on 171b with regard to preemption for Public Buildings (as opposed to Public Property) Do you think it encompasses the field of regulation strong enough such that a local city council couldn't pass additional firearms restrictions in city buildings?
Click to expand...

what is 171b?

did you read the Cal. S. Ct. opinion in Nordyke which I read as concluding that Cal. localities are not preempted under 12031 from banning gun possession on locality ownern real estate (including buildings)?
 
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CA_Libertarian

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mjones wrote:
Mike, I'd like your opinion on 171b with regard to preemption for Public Buildings (as opposed to Public Property) Do you think it encompasses the field of regulation strong enough such that a local city council couldn't pass additional firearms restrictions in city buildings?
Click to expand...
Statute already prohibits firearms in ALL "public buildings" - (any place public employees regularly work). How can a city get any more restrictive than the state's full-on ban?
 
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crash5150

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Could the city claim that the public areas, like streets and sidewalks are also part of city property since they are required for the upkeep?
 
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Mike

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crash5150 wrote:
Could the city claim that the public areas, like streets and sidewalks are also part of city property since they are required for the upkeep?
Click to expand...
They could try this but its a stretch to say that the public rights of way are city "property" - and in the end its a question of field preemption - provision of law which is part of the Cal. constitution
 
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