Koppel v Bonta: 2023 denial of CCW, Orange Co

[Librarian]

https://www.courtlistener.com/docket/67370255/richard-j-koppel-v-robert-bonta/

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION

FIRST CLAIM FOR RELIEF
Violation of the Second and Fourteenth Amendments (42 U.S.C. 1983)
California?s firearm?s licensing violates the Second and Fourteenth
Amendments to the United States Constitution.

[Sputnik]

I wish him the best of luck. The psychological testing seems especially onerous to me as it is wholly subjective. The entire GMC requirement has just been shifted over to cover the same area vacated by Good Cause.
SCOTUS spoke of objective standards for licensing in NYSRPA and the state needs to be brought in line.

[tenemae]

After 4 years when it gets to SCOTUS, OC will give the dude a license and say "It's moot! There's no more controversy!" and SCOTUS will once again buy the BS.

Kav royally fornicated us when he added

the Court’s decision does not prohibit States from imposing licensing requirements for carrying a handgun for self-defense. In particular, the Court’s decision does not affect the existing licensing regimes—known as “shall-issue” regimes—that are employed in 43 States.

[abinsinia]

I would hope an injunction against good moral character would apply to the whole state.

[Chewy65]

abinsinia, I think that is what you wish is what he is asking for; that the GMC requirement is enjoined fom enforcement and the it is declared unconstitutional. Not just as to that plaintiff.

10. A preliminary and permanent injunction enjoining Defendants and all successors in office from enforcing California Penal Code ??26150(a)(1) and 21655(a)(1), including any relief authorized by 42 U.S.C. ? 1983;

11. A declaratory judgment that California Penal Code ??26150(a)(1) and 21655(a)(1) violate the Second and Fourteenth Amendments of the United States Constitution

[DolphinFan]

I would like to start seeing parties add the 10th Amendment as a violation too.
I?m not sure States have any right to regulate a federally accepted protected activity, outside of the supreme courts guidance.
They can designate ?sensitive places? and make laws with a foundation in any law between 1790-1869.
But using Dobbs logic, the regulation of the 2A is beyond the states authority

[SpudmanWP]

It sounds like you are thinking of the "Equal Protection" clause if the 14th Amendment, not the 10th.

[AlmostHeaven]

Psychiatric evaluations don't even come close to meeting the text as informed by history and tradition standard mandated by NYSRPA v. Bruen, but of course the Ninth Circuit will twist and defy the new level of scrutiny beyond all bounds to find this constitutional.

Nonetheless, it is good to challenge every facet.

[SpudmanWP]

"Psychiatric evaluations" should fail the "subjective" test as they, at their core, are just an opinion.

[tenemae]

"Psychiatric evaluations" should fail the "subjective" test as they, at their core, are just an opinion.

Only until Sheriffs Departments buy a copy of the DSM-5.

Conspiracy Ideation and Distrust of Government? Unvaxed? That's Cluster A Personality Disorder: PPD. Page 649.

Don't want the Sheriff reviewing your credit card purchases? That's Cluster B. APD, page 659.

Posting memes or mean tweets on the interwebs? Histrionic Personality Disorder. Page 667.

Want to secure the border? That's "Pathological Xenophobia". I'm sure that'll be added in the DSM-6

[SpudmanWP]

I have do doubt that they will try **** like that, but in the end, it will fail.

[CGZ]

Orange County has been one of the more open counties issuing CCWs. For example, they have no limit on the number of handguns you can add, allow handguns purchased via SSE without the pawn shop workaround, and allow legally acquired >10 round magazines.

Sheriff Sandra Hutches was fairly quick to drop the good cause requirement after the initial victory in the Peruta case back around 2014, and kept it relatively open even after the loss at the 9th. Sheriff Don Barnes keep the CCW policy in place after he took over in 2019, and was fairly quick to adopt the Buren standard.

I wonder what for what reasons he was denied and asked to take a psych eval given the documents claims he was never convicted of any felony or misdemeanor, and it appears its been years since his last traffic ticket, if he's even ever had one. Only thing I could think of his is status as a Vietnam Vet as they do request your DD214 when applying.

[ericw111]

The same Judge George Wu who characterized the Bruen decision as "word salad"? Like, how bad your luck has to be to end up with the most anti-gun judge in the entire universe?

[JDoe]

Koppel v Bonta: 2023 denial of CCW, Orange Co

?I wonder what for what reasons he was denied and asked to take a psych eval?

He refused to give up certain rights so the psychologist refused to do the testing. See page 7 and 22 of the complaint.


#Democracy is 2 wolves and a lamb voting on what to have for dinner.
#Let?s go Brandon!
#FJB

[GetMeCoffee]

I wonder what for what reasons he was denied and asked to take a psych eval

He refused to give up certain rights so the psychologist refused to do the testing. See page 7 and 22 of the complaint.

But that refusal was after he had been asked to take the psych eval. I read CGZ's question to be what triggered the request for a psych eval in the first place. It sounds like that is not a routine request in OC.