FISCAL v. CITY AND COUNTY OF SAN FRANCISCO Part I
State law including Penal Code Sec. 12026, which prohibits localities from restricting handgun possession in an individual's home, business, or private property; Government Code Sec. 53071, which indicates express intent by legislature to occupy whole field of firearms registration and licensing; and Unsafe Handgun Act, which establishes protocol for designating which handguns may be sold in state preempted municipal ordinance banning handgun possession and sale, manufacture, transfer, or distribution of all firearms or ammunition within locality. Where state law represented a comprehensive scheme of firearms possession, sale, licensing, and registration laws, complete with detailed exceptions and exemptions, issue was of "statewide" rather than merely "municipal" concern, and ordinance could not escape preemption challenge by virtue of "home rule" provision included in locality's charter.
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