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Old 07-02-2010, 11:25 AM
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(Continued from above)

Hey, This Alan Gura Guy Seems Pretty Good - Can We Get Him To Help Out, in California?

Alan Gura - the attorney on both Heller and McDonald - already works very closely with gun-rights organizations in California. He used to live here, and is well aware of the problems we face. Specifically, he works very closely with CGF - he's the lead attorney on Richards and Peņa. Also, we coordinate broader national strategy with him - for example, if we know he's bringing a big precedent-setting case in a more friendly jurisdiction, we may hold off bringing a similar case here.

When Are We Going To Challenge The California Roster of Handguns?
We already have. The case is Peņa v. Cid:

In this case we're challenging four plaintiffs' inability to purchase handguns they should be able to under Heller. This case was stayed pending an outcome in the Nordyke case. Nordyke has been sent back to the District Court. Expect us to try to get the stay lifted, soon.

When Are We Going To Get CCW?
Right now CGF has a case challenging some sheriffs' issuance policies, called Richards v. Prieto:

This is challenging Yolo County. We're challenging in this county because we think we have a better chance of prevailing there (as opposed to a more urban area). Once we win this cases, we intend to take the precedents we win there back to the bigger cities with more cases.

This case was formerly titled Sykes v. McGinness. McGinness was (at the time) Sheriff of Sacramento county. However, in November, Sacramento County announced their policy was to issue licenses for a "good cause" of "self defense," so we removed them from the lawsuit, and are continuing against Yolo county.

There is a sister case to this, challenging a similar law in Washington, D.C., also led by Alan Gura, called Palmer v. District of Columbia:

There is a similar case to this one in San Diego, known as Peruta v. County of San Diego:

It is likewise attempting to define "self defense" as "good cause". Peruta has failed to win a motion for summary judgement, but is continuing.

What Happened to The Mail Order Ammunition Law (AB 962)?
On July 28, 2010 CGF filed OOIDA v. Lindley to try to overturn this law:

Our case was set aside because it was not yet "ripe" - it hadn't gone into effect.

Thankfully, the CRPA and NRA case, Parker v. California:

was successful, and AB962 has been overturned!

When Are We Going To Challenge The Waiting Period and/or One Handgun / Month?
We're optimistic on this one. Once we win "strict scrutiny" or even "intermediate scrutiny", we should be able to say "there's no compelling reason for this", and that case should be a winner. We'll have to wait for the scrutiny win, though (which could come from any number of current cases). Given that this case depends on a lot of other cases to win cleanly, we don't know exactly when we'll file it.

When Are We Going To Go For Loaded Open Carry?
CGF strongly supports the concept of Loaded Open Carry. Mr. Gura's recent efforts in North Carolina should clearly establish the precedent that we have a right to bear, and do so in a jurisdiction that will be a lot friendlier to us than challenging here. Also, the outcome of Richards v. Preito (and other cases) may have some impact on this, as well as whether or not the legislature bans Unloaded Open Carry. There are too many moving pieces in the predecessor cases to predict exactly when we'll file this, but know we're thinking about it, and keeping our eyes peeled for an opportunity.

When Are We Going To Challenge The Assault Weapons Ban?

This also requires a scrutiny finding that's an indeterminate amount of time in the future. Rest assured we really want to bring this case - we just want to make sure we win it when we do.

When Are We Going To Challenge the .50 Caliber Ban?

This can't stand up to strict scrutiny, especially given that .510 DTC is legal. This also depends on a lot of previous cases to win, however.

When Are We Going To Challenge on Large Capacity Magazines?
This is an interesting case, because magazines aren't firearms. This may have to wait on some more complex precedent, or take a more circular route. Again, we're very interested in doing this, we've brainstormed a number of ways to approach it, but we're not quite ready to do it, yet. The really good news here is that we have at least three possible approaches I'm aware of, and none of them preclude the others, so we can just keep swinging until we get it. Also, given everything else we've figured out how to open up in the past few years, it does seem like one of the less restrictive laws we're facing, right now.

When Am I Going To Be Able To Purchase A Gun Out of California?

Right now this is illegal under Federal law, but there seems to be no intelligent basis behind it. Mr. Gura has been working a case, Hodgkins v. Holder for a while on this, but has been stalled out through jurisdictional issues. Recently SAF has filed a new case on this matter, Lane v. D.C., which notes that there is currently no gun store in D.C., and that consequently it's not legal under Federal law to purchase a firearm there.

When Am I Going To Be Able To Buy a Machine Guns?

Probably not any time soon, and definitely not through legal challenges. Our feeling at this moment is that these are losers in the court system. Maybe after we have enough precedents under our belt, we'll think we have a shot at it, but right now the most effective things you can do to get a legal machine gun are to lobby Congress to overturn NFA, or move to a state that will let you get an NFA tax stamp.

What About Other NFA Weapons?

We think there's no rational basis for allowing (say) AR pistols but not short-barreled ARs. Our intent is to build up some better precedent before tackling this, but we might be forced to move faster than we'd like, if someone gets arrested with one and needs our help.

What About Supressors?
This falls under the same category as machine guns, right now.

When Will I Be Able To Apply For a Carry License In Other States if I'm a California Resident?
Some states ban open carry, but then do not allow out-of-state residents to apply for carry licenses. Gray Peterson is challenging this in Colorado in Peterson v. LaCabe:

What About Protecting Arms Other Than Guns?
A case in New York, Maloney v. Rice was released from stay after McDonald. It covers New York's blanket ban on the ownership of nunchaku. It's hard to say how this case will fare, but it's quite possible to be optimistic about it. If he wins it, it should help us a lot in those sorts of challenges - but, I'll note, non-gun challenges are not the core mission of the Calguns Foundation.

What Are Other Organizations Up To?
Obviously, I can't speak for them. I know various other people are mounting various other challenges, so it's possible that you'll see some of these addressed by others before we have time to fight them, ourselves. To the extent that happens, we'll be happy to lend them our knowledge and perspective - I think I speak for everyone at CGF when I say that we don't care who gets the credit, we just want our rights. I'd also like to explicitly note that many other groups out there, including, but not limited to the NRA, the CRPA and SAF are doing great work. Many of these organizations we work with, directly, and co-fund cases. This sort of parallelization allows all of us, as a movement, to do more, faster.
Brett Thomas - @the_quark on Twitter -
Founding CGF Director and Treasurer; NRA Life Member; Ex-CRPA Director and Life Member; SAF Life Member; Peņa Plaintiff

Last edited by the_quark; 05-12-2011 at 11:15 PM.. Reason: September 1 Update
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