What timing? How long has Mulford act been in effect? I am troubled at the thought of putting all the eggs in the judicial branch basket, and having only a select few claim they are the only ones with enough sense to carry that basket. I don't know this guy Birdt, or his client, but at least they are doing something. So many are doing nothing, and now we have some people telling the rest of us that we should either get behind them, or do nothing as well.
In response to the bolded;
A fart in a bathtub doesnt make it a Jacuzzi. This is where those who have been following the progress of the 2A in jurisprudence will tell you that doing something for the sake of making something happen is not necessarily valuable. In order to see real progress, California MUST have the individual right to own and
carry recognized in a meaningful way before reform can occur. Just like one cannot randomly select a piece to move on a chess board, you cannot arbitrarily select any gun related issue you want to challenge and just file a lawsuit.
There are already pieces in play on the 2A chessboard that have been waiting- Nordyke, Richards v Prieto, and Richards v Harris all enjoy the glacial and ponderous timetable of judicial promptness. Nordyke has been in the pipe for more than a decade- but eventually, the California courts will have to address it and abide by SCOTUS precidence in Heller and McDonald... or not. (And subsequently, get slapped by the supremes.)
Other than timing, there is also venue. One cannot simply move his chess pieces around in whatever squares they want, or they will lose their pieces by defenses already established as anti-gun, and will decide in favor of their own interests. You have to ask yourself why anyone would pursue a case in a district that has no constructionist judges. Birdt apparently didnt, and the result is wasted effort, time, and resources. It's like sending a 5'2" center against a 7'3" power forward- you're just asking for the defender to slap your layup away.
It's boring, but the way gun owners win this game is from the free throw line. We get fouled in the right places and the right times, our players put up points one at a time on an undefendable goal. In the end, these points count more than the full court three-point attempts that end in air balls.