spectr17
02-06-2002, 06:50 PM
Calif. Court Mulls Gun Show Sales
By DAVID KRAVETS, Associated Press Writer
2/5/02
SACRAMENTO, Calif. -- The California Supreme Court heard arguments Tuesday on whether cities and counties can ban firearms sales at gun shows on their fairgrounds and other government properties.
The gun lobby argued to the seven justices that local governments are powerless to regulate the industry because the Legislature has authorized such flea markets.
But in two separate cases, Los Angeles and Alameda counties argued they could regulate weapons commerce. They passed ordinances in 1999 among concerns that gun shows tarred their image and promoted violence.
The cases reached the high court after a federal appeals court, unsure of how to interpret California law, asked California's justices to intervene.
In briefs, dozens of cities and counties urged the bans be upheld. The high court is expected to rule in May.
Justice Kathryn Mickle Werdegar said Tuesday she wanted to determine if there was a positive right to have a gun show. Justice Joyce L. Kennard asked: "Isn't one largely free to do with one's property as they see fit?"
Alameda County outlawed gun possession on county property in response to a 1998 shooting at a fairgrounds.
Lawyers for Russell Nordyke, the owner of a gun trade show suing Alameda County, said a ban could force law abiding citizens to purchase weapons underground.
Los Angeles issued its ban against Great Western Shows at the Pomona fairgrounds. But Michael Wright, representing Great Western Shows Inc., argued local governments cannot ban sales outright.
"That power has to be reasonably exercised. It's not absolute," Wright said.
The same 10-day waiting period for persons to purchase weapons from one of California's 2,500 licensed firearms dealers applies to weapons purchased at California's gun shows.
California's justices have never ruled on whether statewide regulation of gun sales leaves room for stronger local regulations.
State Attorney General Bill Lockyer said firearms sales are subject to local laws, regulations and fees.
By DAVID KRAVETS, Associated Press Writer
2/5/02
SACRAMENTO, Calif. -- The California Supreme Court heard arguments Tuesday on whether cities and counties can ban firearms sales at gun shows on their fairgrounds and other government properties.
The gun lobby argued to the seven justices that local governments are powerless to regulate the industry because the Legislature has authorized such flea markets.
But in two separate cases, Los Angeles and Alameda counties argued they could regulate weapons commerce. They passed ordinances in 1999 among concerns that gun shows tarred their image and promoted violence.
The cases reached the high court after a federal appeals court, unsure of how to interpret California law, asked California's justices to intervene.
In briefs, dozens of cities and counties urged the bans be upheld. The high court is expected to rule in May.
Justice Kathryn Mickle Werdegar said Tuesday she wanted to determine if there was a positive right to have a gun show. Justice Joyce L. Kennard asked: "Isn't one largely free to do with one's property as they see fit?"
Alameda County outlawed gun possession on county property in response to a 1998 shooting at a fairgrounds.
Lawyers for Russell Nordyke, the owner of a gun trade show suing Alameda County, said a ban could force law abiding citizens to purchase weapons underground.
Los Angeles issued its ban against Great Western Shows at the Pomona fairgrounds. But Michael Wright, representing Great Western Shows Inc., argued local governments cannot ban sales outright.
"That power has to be reasonably exercised. It's not absolute," Wright said.
The same 10-day waiting period for persons to purchase weapons from one of California's 2,500 licensed firearms dealers applies to weapons purchased at California's gun shows.
California's justices have never ruled on whether statewide regulation of gun sales leaves room for stronger local regulations.
State Attorney General Bill Lockyer said firearms sales are subject to local laws, regulations and fees.