GREAT WESTERN v. COUNTY OF LOS ANGELES

No. S091547.

118 Cal.Rptr.2d 746 (2002)

27 Cal.4th 853

44 P.3d 120

GREAT WESTERN SHOWS, INC., Plaintiff and Respondent, v. COUNTY OF LOS ANGELES, Defendant and Appellant.

Supreme Court of California.

April 22, 2002.


Attorney(s) appearing for the Case

Lloyd W. Pellman, County Counsel, Lawrence L. Hafetz and Judy W. Whitehurst, Deputy County Counsel, for Defendant and Appellant.

Bill Lockyer, Attorney General, Peter Siggins, Chief Deputy Attorney General, and David De Alba, Assistant Attorney General, for State of California as Amicus Curiae on behalf of Defendant and Appellant.

Moscone, Emblidge & Quadra and G. Scott Emblidge, San Francisco, for the City and County of San Francisco, the Cities of Alameda, Berkeley, Inglewood, Los Angeles, Oakland, San Luis Obispo and West Hollywood, the Counties of Alameda, Contra Costa and San Mateo, Legal Community Against Violence, Women Against Gun Violence and Orange County Citizens for the Prevention of Gun Violence as Amici Curiae on behalf of Defendant and Appellant.

Louise H. Renne, City Attorney, Joanne Hoeper, Chief Trial Attorney, Owen J. Clements, Chief of Special Litigation, Ellen M. Forman and D. Cameron Baker, Deputy City Attorneys, for the City and County of San Francisco as Amicus Curiae on behalf of Defendant and Appellant.

Teresa Highsmith, Assistant City Attorney, for the City of Alameda as Amicus Curiae on behalf of Defendant and Appellant.

Law Office of Robert Zweben and Robert Zweben, Berkeley, for the City of Albany as Amicus Curiae on behalf of Defendant and Appellant.

Manuela Albuquerque, City Attorney, and Matthew J. Orebic, Deputy City Attorney, for the City of Berkeley as Amicus Curiae on behalf of Defendant and Appellant.

Michael Biddle, City Attorney, for the City of Emeryville as Amicus Curiae on behalf of Defendant and Appellant.

Charles Dickerson, City Attorney, for the City of Inglewood as Amicus Curiae on behalf of Defendant and Appellant.

Charles Williams, City Attorney, for the City of Lafayette as Amicus Curiae on behalf of Defendant and Appellant.

Tom Curry, City Attorney, for the City of Livermore as Amicus Curiae on behalf of Defendant and Appellant.

Daniel S. Murphy, Principal Deputy City Attorney, for the City of Long Beach as Amicus Curiae on behalf of Defendant and Appellant.

James K. Hahn, City Attorney, and Carmel Sella, Assistant City Attorney, for the City of Los Angeles as Amicus Curiae on behalf of Defendant and Appellant.

John A. Russo, City Attorney, Barbara J. Parker, Doryanna M. Moreno and Kandis A. Westmore, Deputy City Attorneys, for the City of Oakland as Amicus Curiae on behalf of Defendant and Appellant.

Lombardi, Loper & Conant and George S. Peyton, Jr., Oakland, for the City of Piedmont as Amicus Curiae on behalf of Defendant and Appellant.

Daniel J. McHugh, City Attorney, for the City of Redlands as Amicus Curiae on behalf of Defendant and Appellant.

Robert Lazone, City Attorney, for the City of San Carlos as Amicus Curiae on behalf of Defendant and Appellant.

Marsha Jones Mourtrie, City Attorney, for the City of Santa Monica as Amicus Curiae on behalf of Defendant and Appellant.

Michel Jenkins, City Attorney, for the City of West Hollywood as Amicus Curiae on behalf of Defendant and Appellant.

Patrick Faulkner, County Counsel, for the County of Marin as Amicus Curiae on behalf of Defendant and Appellant.

Ann Miller Ravel, County Counsel, and Debra L. Cauble, Assistant County Counsel, for the County of Santa Clara as Amicus Curiae on behalf of Defendant and Appellant.

Steven M. Woodside, County Counsel, for the County of Sonoma as Amicus Curiae on behalf of Defendant and Appellant.

Barrie Becker and Juliet Leftwich, for Legal Community Against Violence as Amicus Curiae on behalf of Defendant and Appellant.

Law Offices of Jones & Mayer and Martin J. Mayer, Long Beach, for California Police Chiefs Association as Amicus Curiae on behalf of Defendant and Appellant.

David Durant, Oakland, for Youth Alive! as Amicus Curiae on behalf of Defendant and Appellant.

Pasternak, Pasternak & Patton and David J. Pasternak, Los Angeles, for Los Angeles County Bar Association as Amicus Curiae on behalf of Defendant and Appellant.

Trutanich • Michel, C.D. Michel, San Pedro; Case, Knowlson, Jordan & Wright, Michael F. Wright and Armen Tamzarian, Los Angeles, for Plaintiff and Respondent.

Benenson & Kates, Don B. Kates, San Pedro; and Steven A. Silver, Los Angeles, for California Sporting Goods Association and Andrews Sporting Goods as Amici Curiae on behalf of Plaintiff and Respondent.

Mark Barnes & Associates, Mark Barnes; Law Offices of Jeff Caufield and Jeff Caufield, for National Association of Arms Shows, Madison Society, Second Amendment Foundation, Bruce Colodny and Jess Guy as Amici Curiae on behalf of Plaintiff and Respondent.

Robert C. Moest, San Pedro, for Gun Owners of California as Amicus Curiae on behalf of Plaintiff and Respondent.

Law Offices of Bruce Colodny and Bruce Colodny, San Bernardino, for California Rifle & Pistol Association and Law Enforcement Alliance of America as Amici Cuirae on behalf of Plaintiff and Respondent.


MORENO, J.

We granted the request of the United States Court of Appeals for the Ninth Circuit for certification, pursuant to California Rules of Court, rule 29.5 to address the following questions.

1. Does state law regulating the sale of firearms and gun shows preempt a county ordinance prohibiting gun and ammunition sales on county property?

2. May a county, consistent with article XI, section 7 of...

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