Great Western v. County of Los Angeles

• Decision Date: 22 April 2002
• Docket Number: No. S091547.,S091547.
• Citation: 27 Cal.4th 853,118 Cal.Rptr.2d 746,44 P.3d 120
• Court: California Supreme Court
• Parties: GREAT WESTERN SHOWS, INC., Plaintiff and Respondent, v. COUNTY OF LOS ANGELES, Defendant and Appellant.

118 Cal.Rptr.2d 746

27 Cal.4th 853

44 P.3d 120

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

No. S091547.

Supreme Court of California.

April 22, 2002.

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 the California Constitution, regulate the sale of firearms on its property located in an incorporated city within the borders of the county?

The first question may be rephrased as follows: Does state law compel counties to allow their property to be used for gun shows at which guns and ammunition are sold? We conclude that it does not.

We further conclude that a county may regulate the sale of firearms on its property located in a city when, as here, the county ordinance does not conflict with city law.

I. Certification

Rule 29.5(f) of the California Rules of Court states: "The California Supreme Court shall have discretion to accept or deny the request for an answer to [a] certified question of law. In exercising its discretion the court may consider: [¶] (1) factors that it ordinarily considers in deciding whether to grant review of a decision of a California Court of Appeal or to issue an alternative writ or other order in an original matter; [¶] (2) comity, and whether answering the question will facilitate the certifying court's functioning or help terminate existing litigation; [¶] (3) the extent to which an answer would turn on questions of fact; and [¶] (4) any other factors the court may deem appropriate."

One of the principal grounds for granting review of Court of Appeal decisions is the "settlement of important questions of law." (Cal. Rules of Court, rule 29(a).) This case presents two such important questions that have been hitherto unresolved by this court or the Courts of Appeal: the ability of counties to restrict gun show operations on their property more stringently than does state law, and their ability to do so when the property in question is within the bounds of a city. It appears that the resolution of these questions is critical to the certifying court's resolution of the matter before it. Finally, although there are some qualifying factual circumstances to be considered, the questions presented are for the most part questions of law. Therefore, we concluded certification was appropriate.

II. Statement of Facts

The facts, as stated in the Ninth Circuit's certification order and from our own review of the record, are as follows:

Great Western Shows, Inc. (Great Western) operates three gun and collector shows a year at the Los Angeles County Fairgrounds (Fairgrounds) located in the City of Pomona. It had held shows there for the past 22 years, until the fall of 1999. The exhibitors at the show include sellers of antique (pre 1898) and modern firearms, ammunition, Old West memorabilia, and outdoor clothing.

The County of Los Angeles (County) owns the Fairgrounds, but has contracted with a separate entity, the Los Angeles County Fair Association (the Fair Association), entering into a 56 year lease. Prior to the show scheduled for October 1999, the County passed an ordinance entitled Prohibition on the Sale of Firearms and Ammunition on County Property (hereafter the Ordinance). The Ordinance reads: "The sale of firearms and/or ammunition on county property is prohibited." (Ord., L.A. County Code, ch. 13.67, § 13.67.030.) The Ordinance defines "`sale'" to include "the act of placing an order." (Id., § 13.67.040, subd. E.) The legislative findings accompanying the Ordinance recited the high incidence of gun-related deaths and injuries in the County and the relatively high frequency of illegal sales at gun shows contributing to such gun violence. (Id., § 13.67.010.) Although the Ordinance applies to all County property, the County passed the law expressly to discourage Great Western's show, and the Fairgrounds is the only property at issue in this case.

To prevent the Ordinance's enforcement from interfering with its October 1999 show, Great Western brought suit against the County in the United States District Court for the Central District of California. Great Western filed for a preliminary injunction, arguing that the Ordinance infringes commercial speech in violation of the First Amendment to the United States Constitution. Great Western also challenged the Ordinance on the grounds that it is preempted by state gun control laws and that the County, under California law, has no jurisdiction to legislate inside city boundaries. The court granted the preliminary injunction. It found that "Great Western raised a substantial question regarding whether the Ordinance is preempted by state law and whether the County exceeded its lawful authority, and the balance of...