California Appellate Tracker

Kirk v. City of Morgan Hill, 83 Cal. App. 5th 976 (2022)

October 20, 2022

A state law requiring a gun owner to report a missing gun within 5 days did not preempt a local ordinance requiring the report to be made within 48 hours. The ordinance does not duplicate state law since it requires earlier reporting. Also, the ordinance doesn’t contradict state law which sets an outside deadline on reporting but does not bar local entities from prescribing shorter time limits. The state law also does not occupy the entire field of gun regulation or reporting of missing firearms.

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Kirk v. City of Morgan Hill, 83 Cal. App. 5th 976 (2022)

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