NOTABLE ACTIVE/RECENT LITIGATION:
Parker v. State of California - Lawsuit successfully striking down main portions of California’s AB 962, which would have placed draconian restrictions and regulations on ammunition transfers. The State’s appeal of the 2011 decision is now fully briefed before the California Court of Appeals and awaiting oral argument. Doe v. San Francisco Housing Authority - Lawsuit successfully challenged San Francisco’s ban on possessing firearms in public housing. The ban was rescinded. This case is currently being used to help NRA lawyers in Washington D.C. where a similar ban existed. Peruta v. County of San Diego – Lawsuit challenges San Diego County’s strict requirements for obtaining a CCW. Though the trial court did not grant Plaintiffs the relief they sought, the court’s opinion was the first to recognize post-Heller that the Second Amendment right “to bear arms” secures a right to carry arms in public for self-defense; not a complete victory, but positive progress in Second Amendment jurisprudence. But, since complete victory is the objective, Plaintiffs have fully briefed the Ninth Circuit Court of Appeals, seeking just that. Oral arguments are scheduled for December 6, 2012. Richards v. Prieto - Filed amicus brief in 9th Circuit Court of Appeals supporting appellants who challenge Yolo County’s CCW issuance policy. McKay v. Hutchens – Lawsuit challenging Orange County’s restrictive policies concerning the issuance of concealed weapons permits. The lawsuit, filed after the California legislature banned the “unloaded open carry” of firearms, is a follow-up to the Peruta and Richards cases which relied (partially) on the plaintiffs’ ability to openly carry an unloaded firearm. Plaintiffs are currently appealing the district court’s denial of their motion for preliminary injunction to the 9th Circuit Court of Appeals and Appellant’s Petition for en banc panel review is currently pending. Jackson v. City of San Francisco – Lawsuit challenges San Francisco ordinances requiring handguns be locked up while in the home, banning the discharge of firearms (lawsuit already forced amendment authorizing lawful defensive discharges), and prohibiting sales of common self-defense ammo. Mehl v. Blanas – Submitted amicus brief in 9th Circuit Court of Appeals’ review of case challenging Sacramento’s CCW policies, and were granted participation in oral arguments as amicus. Bauer v. Harris - Lawsuit challenging the constitutionality of DOJ’s system for charging “fees” to purchase firearms. Assenza v. City of Los Angeles – Successfully moved the Superior Court to enforce a 16 year-old stipulated judgment against LA Chief of Police concerning his practices for issuing CCWs and providing CCW applications to the public. Davis v. City of Los Angeles – Lawsuit challenging LAPD’s failure to adhere to its own negotiated written policy in processing nine LA residents’ CCW applications, which were denied at various stages of the application process. CBD v. Bureau of Land Management, et al. – Successfully intervened on behalf of hunters in an Arizona lawsuit in which radical environmental groups sued the BLM to prohibit the use of lead ammunition for hunting in the Arizona Strip, a classic hunting area. The lawsuit was successfully defeated and officially dismissed by the court in April. CBD v. EPA - Intervened in matter opposing radical environmental group’s efforts to ban lead ammunition nationwide under TSCA. The NRA’s motion to have the cased dismissed is currently pending. CBD v. USFS – NRA, joined by Safari Club International, filed a motion to intervene in a lawsuit brought by radical environmental groups that allege the United States Forest Service is violating the Resource Conservation and Recovery Act (RCRA) by allowing hunters to use lead-based ammunition in the Kaibab National Forest in northern Arizona. Millender v. County of L.A. - Filed amicus brief challenging officers’ ability to write broad warrants to seize unrelated guns in the Ninth Circuit and the U.S. Supreme Court. Nordyke v. King – Each filed an amicus brief urging the Ninth Circuit to adopt a “strict scrutiny” standard of review for firearm restrictions. More lawsuits and amicus briefs are pending and will be filed SOON!
HUNTING REGULATIONS: CBD v. CA Fish & Game, et al. - Opposing radical environmental groups’ efforts to restrict hunting in Mojave National Preserve. California Fish and Game Commission - Gathering thousands of records from agencies involved in condor recovery, and working with scientists to debunk pseudo-science being used to support the theory of condor death from lead ammo ingestion. Helped convince the Commission to vote against a proposal to ban lead .22 rimfire and shot for use in hunting squirrels and game birds, and, most recently, convinced the Commission to reject consideration of future lead ammo regulations. And, recently revealed obstruction efforts of agencies in producing pertinent data. Though less noted among issues currently litigated, these lead ammo efforts are crucial to preserving Second Amendment rights.
FIREARMS REGULATIONS: DOJ “Assault Weapons” Regulations – Submitted regulatory comment letter in support of successful petition filed with the Office of Administrative Law (OAL). The OAL issued a ruling declaring the DOJ’s policy of limiting the issuance of “assault weapons” permits to individual employees of corporations an illegal underground regulation. The ruling paves the way for firearms-related businesses to have permits issued in the company’s name, as was intended by California law.
CRPA / NRA LOCAL ORDINANCE PROJECT ACCOMPLISHMENTS & ACTIVITIES:
Richmond – Forced the City of Richmond to repeal its ban on possession of large-capacity magazines by sending the city a draft legal complaint. San Mateo County - Served a pre-litigation letter that prompted the sponsor of several LCAV Model Ordinances to pull consideration of those anti-gun owner ordinances, including a dealer regulation scheme that would make it practically impossible to sell guns in that county. Desert Hot Springs - Successfully opposed an ordinance that would have banned possession of firearms on almost all public property. Berkeley – Served City with pre-litigation letter which resulted in the repeal of an ordinance prohibiting possession of semiautomatic-rifles. Long Beach, Fairfield, & Emeryville – Successfully opposed ammo-sales registration ordinances. Santa Clara – Successfully opposed an ordinance that would have prohibited all firearms in Santa Clara City parks, even for CCWs! Miscellaneous: The Project is working behind the scenes successfully opposing local gun regulations, the details of which often can’t be exposed.
RANGE ASSISTANCE EFFORTS: San Diego - Worked with a consortium of shooting ranges in San Diego County since early 2009 to oppose certain proposed revisions to the San Diego County Code that would impose drastic new limitations on target shooting in the unincorporated portions of San Diego County.
Other examples of range protection efforts are ongoing statewide. If you operate a range, there are steps you can take now to protect it!
GUN OWNER DEFENSE EFFORTS: Gary Tudesko - Handled appeal that reinstated high school student Gary Tudesko who was expelled for leaving unloaded shotguns in his truck parked off-campus after early morning duck hunting. The case received national news coverage. In general: Assist countless NRA / CRPA members with firearm-related legal issues, and produce literature explaining California’s gun laws.
OTHER EFFORTS: Monitoring Government Agencies & Anti-Gun Groups - Submitting hundreds of Public Records Act requests to DOJ, ATF, and other agencies regulating firearms to keep tabs on activities, and monitoring groups like LCAV and the Brady Campaign to expose their modus operandi. Litigating Definition of “Assault Weapons,” “Zip Guns,” 80% Firearms, etc. - Via criminal cases and legal memoranda with agencies, influencing how certain firearm laws are applied and enforced. Legal Memoranda - Produce countless legal memoranda for public education (most of which can be found at www.calgunlaws.com)