Analysis of Los Angeles Superior Court Decision Upholding West Hollywood's Ordinance Banning the Sale of "Junk Guns," or "Saturday Night Specials"

Prepared by: LEGAL COMMUNITY AGAINST VIOLENCE, A Fund of The San Francisco Foundation

On November 15, 1996, Judge David A. Horowitz of the Los Angeles County Superior Court issued a decision in the case of California Rifle & Pistol Association v. City of West Hollywood, et al. The central issue in the case was whether West Hollywood's local ordinance banning the sale of "junk guns" (also known as "Saturday Night Specials"), was preempted by state law and therefore invalid. The court found for West Hollywood, upholding the ordinance as a valid area of regulation for local governments.

In a six-page opinion, Judge Horowitz examined express and implied preemption. He wrote, "The Legislature has expressed its intent to occupy the whole field of regulations of the registration or licensing [of] commercially manufactured firearms and imitation firearms as encompassed by the provisions of the Penal Code...It does not deal with the sale of certain firearms." The court continued, "The field of gun sales is not so fully and completely covered by state laws as to impliedly preempt a local, specific prohibition against the sale of a particular type of firearm."

This decision is very significant due to the growing number of jurisdictions, currently numbering over thirty, that have enacted bans on the sale of these handguns. Many other jurisdictions had been waiting for this decision and will now have more confidence that their own similar ordinances will be upheld in court.

Legal Community Against Violence ("LCAV") provided support to West Hollywood and many other jurisdictions requesting free legal assistance to aid in drafting and defending local ordinances regulating firearms. LCAV works with many law firms throughout California, coordinating pro bono litigation assistance to assist cities and counties when local firearms ordinances are enacted and challenged in court. LCAV attorneys have written a manual analyzing legal issues involved in the drafting and defense of local firearms ordinances - this publication can be obtained by contacting LCAV at (415) 433-2062.