May 6, 2009 4:51 PM

Lawsuit Seeks Stronger Gun Rights For California Citizens

By
Declan McCullagh
Topics
Social Issues
(AP)


In theory, law-abiding Californians who undergo a criminal background check and pass a government training course can receive a permit from their local sheriff to carry a concealed firearm.

But in practice, many California counties flatly deny permits to residents who meet the requirements for a concealed carry permit -- a situation that a lawsuit filed in federal court in Sacramento on Tuesday hopes to remedy.

The lawsuit filed by the Second Amendment Foundation and the Calguns Foundation says the routine denials of concealed carry permits violate the right to bear arms protected by the Second Amendment to the U.S. Constitution.

One of the plaintiffs is Deanna Sykes, a lesbian and a firearms instructor who says she believes her sexual orientation and small stature make her a target for criminals. Another is Andrew Witham, a private investigator and campus public safety officer, whose local sheriff denied his request to carry a handgun while away from work.

The case "presents a very simple legal issue: people have the right to bear arms," Alan Gura, a Virginia attorney representing the plaintiffs, told CBSNews.com on Wednesday. "The state is able to regulate that right, but it cannot arbitrarily deny the right to bear arms based on the whims of local officials. The current law has absolutely no standards to it, and some local officials regrettably abuse their discretion. They decide self-defense is not a valid reason to deny the gun carry permit."

Section 12050 of California law says that "the sheriff of a county, upon proof that the person applying is of good moral character" may issue a concealed carry permit. Californians who carry a concealed weapon without a license are subject to criminal penalties including fines and a one-year jail term. (Nearly every state has some form of concealed carry laws, with 36 states saying that sheriffs must issue them by default, and two states -- Alaska and Vermont -- require no advance permission.)

What the pro-gun rights groups that filed this lawsuit hope to do is apply the U.S. Supreme Court's reasoning in the landmark D.C. v. Heller case decided last year. Even though Heller focused on the firearm restrictions of the nation's capital, by recognizing a constitutional right protecting individual possession of firearms, the justices expressed a dim view of sweeping prohibitions on Americans' Second Amendment rights.

Gura said that he knew of no case filed since the Supreme Court's decision that has led to a definitive ruling about how Heller applies to concealed carry permits.

A map prepared by the CalCCW.com site shows that the more liberal counties around San Francisco and Los Angeles tend to be the ones that deny permits to regular citizens. A 2007 report from the state of California shows that the county of San Francisco, for instance, issued only six permits that year -- while the rural, wooded, and far less populous county of Shasta issued 2,306 permits.

A bill titled AB 357 introduced in the California legislature in February would remove some discretion from local officials if the applicant for a permit qualified for one. (The city of Davis, for instance, tells applicants: "An evaluation and comparison of our current services to available resources has forced us to discontinue processing and issuing CCW [Carry Concealed Weapon] licenses. I apologize for the inconvenience this action will cause you.")

Last month, the 9th Circuit Court of Appeals ruled that the Fourteenth Amendment -- which required states to offer freedoms found in the Bill of Rights such as a jury trial -- protects an individual right to keep and bear arms. That decision is important because it means extreme state laws violate the Second Amendment as much as extreme federal laws would, and it is binding on the Sacramento court where the lawsuit was filed this week.

Representatives of the defendants in this case, Sacramento county and Yolo county, did not immediately respond to a request for comment on Wednesday.


  • Declan McCullagh is the chief political correspondent for CNET. Declan previously was a reporter for Time and the Washington bureau chief for Wired and wrote the Taking Liberties section and Other People's Money column for CBS News' Web site.

Add a Comment See all 37 Comments
by drtomt May 9, 2009 12:34 PM EDT
Traditional medicine is the 3rd preventable form of death in this country. Over 120,000 die every year from trusting a doctor to first do no harm.
While any death is tragic, including those from firearms, let's be honest. Handguns have prevented more deaths and injury when used by law abiding citizens exercising their 2nd Amendment right than have killed people.

If you look at the statistics of counties with high rates of concealed weapons permits, you find lower crime.

When I was waiting for my permit to be finalized I was fortunate enough to meet the Kern County Sheriff at our annual Economic and Development Council meeting.
I thanked him for the privilege of being able to participate in this process. He thanked me and told me that he feels every law abiding citizen should be armed as it will be us CCW holders that are on scene of a crime and his department are minutes away. Who is going to protect my office or home, Nancy Pelosi, Barbara Boxer, Diane Fienstein?

Two years ago a man in his 60's went to one of our local medical centers less than a mile from my own practice. Apparently he was not happy with the results of his inquiry. He left angry, went home and told his 40 something year old son he wasn't coming home as he grabbed his shotgun. He returned to the center and confronted 2 nurses in a lab and started shooting. One nurse was able to grab the gun and push it away from her face as he pulled the trigger. Being pushed away the nurses ran for cover as our local PD, Sheriff, and CHP responded.
One Sheriff and CHP were covering a hallway when the man entered and refused to put his weapon down. He thought suicide by cop would be a better idea and leveled the shotgun at the CHP. The CHP was faster and pulled the trigger on his own shotgun killing the man. Lesson learned?
People with no history of violence can suddenly lose it, anywhere. This is only 1 reason I now have my own CCW.
Another is due to our town becoming a haven for low life moving here from LA and Palmdale/Lancaster. With a shooting in a run down apartment complex a block away from my home and cati-corner to my office and our local strip mall where I shop, I'll protect my family thank you very much.
Who else will do it? Nancy Pelosi, Barbara Boxer, Diane Fienstein?

When you respect the Constitution of the US, firearms, life of others, private property, etc. then perhaps we don't have to be so pro active in being safely prepared to save your life.
Until that day, I'm here, armed, to see to it that IF your life is in danger, you might be lucky enough to see tomorrow.

Perhaps though you should wear a badge or lapel pin indicating you are a democrat so I don't have to waste my ammo. If you don't want to exercise your 2nd Amendment right then go about your way and shut your mouth. You can take my gun from my cold dead fingers.

Having been safely trained in the proper handling of my concealed weapon, I feel I am not a threat to you.
But tell the car jacker, robber, rapist, etc. that you don't believe in others being able to exercise THEIR rights and become a victim.

It's unbelievable that the majority of you who want to take our guns are democrats and refuse us our thoughts and beliefs while forcing your own agenda down our throats. It's one thing to agree to disagree. It's another when you disallow us our voice when it contradicts yours. Guess you missed out on Debate Class in high school.
Reply to this comment
by bbailey642 May 8, 2009 11:09 AM EDT
I haven't exposed myself as anything to the world.
Posted by erasmus111 at 1:08 AM : May 8, 2009

Hysterical gun haters can't do anything but expose themselves as just that.

Also, we can legally own a gun if we wish to. But we don't. We don't want to have every freaking idiot running around with guns.
Posted by erasmus111 at 1:08 AM : May 8, 2009

Labeling all your Canadian citizenry as freaking idiots whether they own a gun or not exposes their apparent rampant irresponsibility and no one would want them to.

A gun lover always blathers on about how a knife can be used, a car, blah, blah, blah. The sole purpose of a gun is to KILL.
Posted by erasmus111 at 1:08 AM : May 8, 2009

Ignorance is bliss. Deterrance seems to also be a purpose. Ask your local constabulary or do those freaking idiots just kill all of their suspects with their guns.
Reply to this comment
by gunownerdan May 8, 2009 10:11 AM EDT
U.S. children are 12 times more likely
to die by gunfire than children in 25 other
industrialized countries combined.
Posted by erasmus111

Figures don't lie but liars figure.
Too bad you forgot to mention that these numbers mostly include teenage gangbangers killing each other using illegal guns!
Reply to this comment
by gunownerdan May 8, 2009 10:08 AM EDT
The sole purpose of a gun is to KILL. It's used for nothing else.
Posted by erasmus111

And if I have to kill someone to stop them from killing me or someone else, I WILL NOT THINK TWICE!
Also you can simply ask your local police officer, shooting team, or competitive shooters what else guns can be used for!
Reply to this comment
by erasmus111 May 8, 2009 4:11 AM EDT
Twice I stopped a situation at my home. If I hadn't been armed I would be dead now.

Posted by mantonschool at 12:34 AM : May 8, 2009

I feel sorry for you. I only wish that you knew what it was like to live in my world. I do not live with that fear.
Reply to this comment
by erasmus111 May 8, 2009 4:08 AM EDT
I and the rest of the world hope you have. No need to respond, you've exposed yourself to the world as the self-appointed voice of gun and anti-US reasoning.

Posted by bbailey642 at 7:16 PM : May 7, 2009

You are such a fool. I haven't exposed myself as anything to the world. But YOU have. The world already knows that the U.S. is a mess. There is no surprise there. We are all shaking our heads. Your problem is that you live in a violent world where you know no different. You have grown up with guns and haven't a clue what it's like not to have to have them.

"You are showing more and more of your ignorance of our gun laws and who can legally obtain and own a gun."

Obviously I know more about your gun laws than you do. Which of course isn't surprising.

Also, we can legally own a gun if we wish to. But we don't. We don't want to have every freaking idiot running around with guns. We would be like you then. It's the PEOPLE'S choice not to have guns. Here, you can't just walk into a store and buy a gun. There are very strict laws. There are things you have to do before you can get a gun. In the U.S. every crazy there is can get a gun. If they can't get it legally, they just break into any home. And don't even try to tell me that they can't get one. There are millions of unstable people out there that look normal. All these mass killings lately were not done by people that were already criminals.

A gun lover always blathers on about how a knife can be used, a car, blah, blah, blah. The sole purpose of a gun is to KILL. It's used for nothing else. If a person could only depend on a knife to do the job, there would be less deaths. A gun is just way easier. You don't have to get your hands dirty. You don't even have to get close to the person.
Reply to this comment
by mantonschool May 8, 2009 3:34 AM EDT
I find it quite pointless to argue or even discuss firearms with the "anti-gun" nuts. I have had MY GUNS for over 65 years and will never give them up. Twice I stopped a situation at my home. If I hadn't been armed I would be dead now. I live in an area where law enforcement is at least 45 minutes away. I wonder what one of these "anti-gun" nuts would do then? Perhaps one of these days they will find out.
Reply to this comment
by bbailey642 May 7, 2009 10:16 PM EDT
Attack, attack attack and you will be right. Yell louder and louder and maybe, just maybe, you'll convince yourself. You are showing more and more of your ignorance of our gun laws and who can legally obtain and own a gun.
Keep parroting the anti-gun hysterics which is un-supported nonsense and remember be loud and say it often. No matter what you write or say, where you say it and to whom, you'll still be wrong. You've probably found ignorance is bliss works for everything else in your life.

"I expected that you would come back with that. Gun lovers have no shortage of excuses to justify that gun. " ... You meant gun haters have no shortage of excuses to blame the gun.

Unfortunately, you never blame the criminal commiting the crime, just the tool. If you had to blame the tool using the same hysterics in your anti-gun efforts, I'll bet you could come up with info on knife, car, hammer, hand, foot and club deaths and committees and people you know to ban them along with more reasons to blame the US being responsible for them. Have you started building the wall yet? The one around Canada I mean, not the one around your brain which isolates you from reason and logic. That one was built a long, long time ago and very high, too! I and the rest of the world hope you have. No need to respond, you've exposed yourself to the world as the self-appointed voice of gun and anti-US reasoning.
Reply to this comment
by erasmus111 May 7, 2009 9:38 PM EDT
You know what? The average citizen here obeys the laws and rules we have.

Posted by bbailey642 at 5:25 PM : May 7, 2009

Oh BULL! And you are so lacking in laws and rules for those guns, it's pathetic. A lot of states don't even have rules for locking up your guns. Anyone can get a gun, including kids. No waits, and no one needs to know how to actually use the gun. Kids should no way be allowed to own a gun.


"Johns Hopkins by the way supports all anti-gun efforts and slants their information in that vein..."

Of course they do! I expected that you would come back with that. Gun lovers have no shortage of excuses to justify that gun.


"The US is the problem country of the world..."

You are right. I and the rest of the world agree with you.


"I only selected two mass murders as a response to your blather, there were many more."

I suggest that you go to the website I gave you and see just how many mass shooting you have had. It tells of the school and work mass shootings. Doesn't even come close to what we have had.


I know this. My kids live right in the heart of the city. A major city. They and their friends have cars, but they do a lot of walking. Day and night. None have ever had any problems. One of our news stations sent cameras out onto the streets to interview people. They interviewed a lot of people, even tourists. Not one person said that they were nervous or worried about walking on our streets. Can you say the same for any major city in your country?
Reply to this comment
by bbailey642 May 7, 2009 8:25 PM EDT
Gun lover? I guess so. I've owned three for about 16 years now. None have ever been fired, just regularly cleaned, relocked and secured. But, then again, no one has tried to break into my home or rob me or my neighbor. I'm just prepared for the worst case scenario, instead of blindly believing that it never could happen. And, yes, yes, you know all of the answers . So, you are right, along with everyone you talk to. The US is the problem country of the world and as a matter of fact...the source of all of Canada's violence problems. Johns Hopkins by the way supports all anti-gun efforts and slants their information in that vein including the inclusion of adults up to the age of 25 in their studies of "teen" violence. Did they break down the info on criminal and gang related statistics versus accidental shootings? Or suicides by someone who'd tried it various times before and had attempted other methods previously, etc? Thought not. Or they did, but you grabbed what was needed to support your view. Whatever supports what you know. A suggestion to look at NRA reported "not NRA sponsored" independent studies provides dramatically different results other than ones you support, I mean, know. I only selected two mass murders as a response to your blather, there were many more. You've been reading on this website for your information? CBS News? The mainstream media reports the slant of their Liberal anti-gun owner's views, but you knew that and that's why you're here. As far as gun free zones? You know what? The average citizen here obeys the laws and rules we have. Criminals do not. That's why they are criminals and don't get shot in gun free zones until security or Police arrive. Let me know when you want another lesson in Civics. Tell you what...how about, since we are so bad, that Canada puts up a wall around their country and adopt a No One In and No One Out policy for you and your countrymen. That way all your problems with us will go away. Also, remove all access to outside the country media to alleviate all of your angst and worry. Violence will come to an automatic standstill you recall, because you have "No problems walking down the street or going to bed at night and sleeping like a baby. No worries. Don't need a freakin' gun by my side to protect myself." You probably should pursue Eternal Sunshine of the Spotless Mind technology also.
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