California preempts most local firearm regulation under Government Code 53071 and Penal Code 25605, reserving licensing, registration, and manufacture authority to the state. However, local governments retain limited authority over discharge, sensitive places, and zoning of gun businesses.
Government Code Section 53071 expressly occupies the field of registration and licensing of commercially manufactured firearms. Penal Code Section 25605 authorizes residents to keep firearms in their homes or businesses. Cities and counties cannot impose their own licensing schemes or registration requirements that conflict with state law. Local governments retain authority over discharge of firearms, zoning of firearms dealers, and prohibitions in municipally-controlled sensitive places. After the 2022 Bruen decision and SB 2 (2023), California revised concealed carry rules but kept preemption of local licensing intact.
Local ordinances inconsistent with statewide registration or licensing schemes are unenforceable and may be challenged as preempted in California courts.
San Mateo, CA
San Mateo prohibits nuisance barking under the city's noise ordinance and animal control provisions. Owners must prevent habitual barking that disturbs neigh...
San Mateo, CA
San Mateo experiences aircraft noise from San Francisco International Airport (SFO), located approximately 3 miles north. The city cannot restrict FAA-contro...
San Mateo, CA
San Mateo regulates amplified sound under SMMC Section 7.30.080. Handheld amplified sound equipment cannot exceed 10 watts. All amplified sound must comply w...
San Mateo, CA
San Mateo limits permitted construction to 7 AM–7 PM weekdays, 9 AM–5 PM Saturdays, and noon–4 PM Sundays/holidays. Equipment cannot exceed 90 dB at 25 feet....
San Mateo, CA
San Mateo specifically regulates leaf blower operation under Chapter 10.80 in addition to the general noise ordinance. Leaf blowers must comply with both the...
San Mateo, CA
Fences up to 7 feet in San Mateo generally do not require a building permit if they comply with zoning regulations. Fences over 7 feet require a building per...
See how San Mateo's local firearms preemption rules stack up against other locations.
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