Current state of OC/CCW legal battle

Hi Guys,

Sorry if this is topic has already been addressed but I could not find it. I was wondering where the current state of "appeals" or what "legal steps" have been taken to repeal AB144. Is there any news? Has there been any progress on easing up on restrictions on obtaining a CCW?

On a side note I'd like to share a story. A few weeks ago I was on a date with my gf and we were approached by a few guys with bats. They wanted to start something and all I could think about was, "Sweetheart, get out of here" and " 'wish I hade my gun on my side". It was a surreal moment thinking that I could not defend my gf or myself because of a law. It was a very weird feeling...in the end we were able to get away but what if we weren't so lucky? We'd be in the next morning's obituary...

kaufy1987 said:

I was wondering where the current state of "appeals" or what "legal steps" have been taken to repeal AB144. Is there any news?

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I am not aware of any challenge to AB144, nor is there a percievable movement to repeal the law. While there have been overtures by an individual to challenge the Mulford Act, their efforts were wholly incompetent, unfunded, and such a stab in the dark is unlikely to gain any ground. AB1527 is poised to add long arms to the open carry ban.

kaufy1987 said:

Has there been any progress on easing up on restrictions on obtaining a CCW?

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This depends largely on what county you reside in. Some progress has been achieved in Sacramento County, where once a license to carry was a perk for political favors-While Sac County now issues for self-defense, the problem is the year or more wait to complete the application process.

Litigation is the primary tool for progress in California for carry licenses. You can look into what is in the legal hopper here; http://wiki.calgunsfoundation.org/Litigation_Past_and_Present

Of note, Richards v. Prieto and Lu v. Baca both address specific grievances regarding issuance.

kaufy1987 said:

On a side note I'd like to share a story. A few weeks ago I was on a date with my gf and we were approached by a few guys with bats. They wanted to start something and all I could think about was, "Sweetheart, get out of here" and " 'wish I hade my gun on my side". It was a surreal moment thinking that I could not defend my gf or myself because of a law. It was a very weird feeling...in the end we were able to get away but what if we weren't so lucky? We'd be in the next morning's obituary...

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Since you cannot 'carry' a sidearm for self-defense, you really should look into the particulars related to 'transporting' a firearm legally. While unlocking a handgun from a case and loading it in the event your life is in danger is not ideal, it is better than harsh language and a menacing threat to dial 911.

Thank you very much for your reply! How come nobody has tried to fight it? Do we just sit back and let them strip away our rights one by one? There has to be something we can do! I'm not well versed in all of the court cases and code sections but there are a lot of smart people who are that need to step up. Am I wrong?

kaufy1987 said:

Thank you very much for your reply! How come nobody has tried to fight it? Do we just sit back and let them strip away our rights one by one? There has to be something we can do! I'm not well versed in all of the court cases and code sections but there are a lot of smart people who are that need to step up. Am I wrong?

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There are some very important quantities in the calculus that need to be considered in how and when laws are challenged in California. Unfortunately, since gun owners are in the minority here, resources like money and volunteers are limited.

Filing a lawsuit is relatively inexpensive, but doing so requires a firm understanding of our political and judicial geography and the ability to positively articulate the injury the law has created. In other words, you need good legal help- which doesnt come cheap.

A challenge of AB144 is one tough row to hoe. Basically, what one would have to prove is that the law as written, violates the Constitution or prove that individuals are injured by the prohibition. The opposition would say that since you can have your handgun in your home, can transport unloaded in a secure locked case, and could also be licensed to carry concealed in the county where you reside, that your second amendment right is not harmed by prohibiting openly carrying in a holster. A judge is going to look at this arguement- along with the 116 exemptions that perforate the law like holes in Swiss cheese- and agree that the law doesn't violate the Constitution. Your rights are unencumbered.

Would it be worthwhile to put effort and attorneys fees into something that is not likely to be won back in the current political and judicial environments? If there were unlimited resources it wouldnt matter, but we need to put our work and money behind concerted efforts that have the ability to produce lasting fruit over the long term.

Number one on this list is 'bear' (particularly, outside the home). Until this is established as an integral right of the second amendment in the California legislature and courts...The where, when, and how we possess our firearms will continue to be the target of the most stringent regulation.

So- Do we push for the right to carry an unloaded gun in public? Or do we fight for the right to keep and bear operable firearms for immediate use in self-defense?