California Legal Update | April 2017

(Formerly Flanagan v. Harris)

Case Status: The case was filed on August 17, 2016 as a direct response to Peruta. The suit seeks to force the court to decide whether or not it is willing to uphold a complete prohibition on the right of law-abiding citizens to carry a firearm for self-defense. On February 23, 2017, the district court dismissed plaintiff’s claims challenging California’s concealed carry restrictions in light of Peruta.

What's Next: The challenge to California’s ban on the open carry of firearms will now proceed to be litigated in the district court. Regardless of the outcome, the challenge to California’s concealed carry restrictions in light of California’s total ban on open carry have been preserved for appeal.

Case Status: CRPA and NRA attorneys are preparing multiple challenges to the new laws that were passed in 2016 that improperly punish law-abiding gun owners.

NRA and CRPA attorneys also submitted a pre-litigation demand letter to the City of Los Angeles demanding that it repeal its ultra-compact firearms in September 21, 2016.

What's Next: Multiple lawsuits will be filed to challenge the “Gunmageddon” bills and Prop 63 in 2017. 

The City of Los Angeles is considering whether it will repeal its ultra-compact firearms ordinance, otherwise it will face further litigation in 2017. 

(formerly Peruta v. San Diego)

Case Status: In June 2016, a divided 11-judge “en banc” panel of the 9th Circuit Court of Appeals ruled 7-4 in favor of the County, holding that the government’s denial of the only means of carrying a firearm under state law does not implicate the Second Amendment. The decision reverses an earlier three-judge panel decision of the 9th circuit and now stands in direct conflict with the Supreme Court’s decision in Heller.

What's Next: On January 12, NRA and CRPA attorneys submitted a petition for review to the United States Supreme Court. Several amicus briefs in support of the petition have been filed. A decision on whether or not the Court agrees to hear the case is expected shortly.

(formerly Bauer v. Harris)

Case Status: In March 2015, the district court issued an opinion upholding California’s use of DROS fees to fund APPS and other law enforcement activities. On June 1, 2017, the 9th Circuit affirmed the district court opinion.

What's Next: Plaintiffs now have the option of submitting a petition for review to the United States Supreme Court or requesting an “en banc” review by a larger panel of the 9th Circuit.

(formerly Gentry v. Harris)

Case Status: Plaintiffs filed an amended complaint alleging that the DROS fee is an invalid property tax. The case is currently in the discovery process.

What's Next: The case is expected to go to trial in 2017.

(formerly Belemjian v. Harris)

Case Status: This case forced DOJ to comply with the process for enacting regulations, which it sought to avoid when implementing the FSC program in February 2015. Plaintiffs appealed the lower court’s denial of Plaintiffs’ request for attorneys’ fees.

What's Next: Briefing concerning attorney’s fees has been completed. Oral arguments are expected to take place in late 2017.

Case Status: In December 2016, as a result of Prop 63, the California Supreme Court dismissed its review of a Court of Appeals’ opinion upholding the trial court’s order striking down AB 962. The Court of Appeals’ decision is now the final opinion in the case and Plaintiffs are seeking their attorneys’ fees against the State.

What's Next: Plaintiffs’ motion for attorneys’ fees will be heard in 2017. Separate litigation is being prepared to challenge the ammunition restrictions in Proposition 63.

Case Status: The passage of SB 1446 and Proposition 63 prohibiting the possession of 10+ round magazines statewide now preempts the local ordinance and mooted the case. The case was dismissed without prejudice in December 2016.

What's Next: Duncan has been filed to challenge the State’s 10+ round magazine ban. If that litigation is successful, this case will be refiled against Sunnyvale.

Case Status: The City is currently in the process of repealing the ordinance because it is now preempted by state law.

What's Next: Once the City repeals its ordinance, the case will be dismissed. 

Separate litigation is being prepared to challenge the State’s 10+ round magazine ban.

Case Status: In December 2016, the 9th Circuit ordered the case to be reheard by an 11-judge “en banc” panel. NRA and CRPA attorneys filed an amicus brief on January 31, 2017. Oral arguments were held on March 22, 2017.

What's Next: Awaiting a decision from the 11-judge “en banc” panel of the 9th Circuit. 

Case Status: On March 10, 2017, the 9th Circuit issued an order remanding the case to the District Court in light of the “en banc” panel decision in Peruta.

What's Next: The case will now proceed in the District Court.

Case Status: The federal district court upheld the Roster in 2015. Plaintiffs appealed, and oral arguments were held on March 16, 2017.

What's Next: Awaiting a decision from the 9th Circuit.

Case Status: In December 2016, the 9th Circuit issued its decision upholding the 10-day wait as applied to current gun owners. Chief Judge Sydney Thomas went even further and stated that the restriction is “presumptively lawful” and therefore falls “outside the scope of the Second Amendment.” Plaintiffs petitioned the Ninth Circuit to rehear the case, but that petition was denied on April 4, 2017.

What's Next: Plaintiffs now have the option submitting a petition for review to the United States Supreme Court.

(formerly Tracy Rifle & Pistol v. Harris)

Case Status: In July 2015, the district court denied a request to prohibit enforcement while the case proceeds. That decision was appealed, and in February 2016 the 9th Circuit upheld the lower court’s order within two weeks of oral arguments. Cross-motions for summary judgment have been submitted in the district court.

What's Next: Awaiting a decision from the District Court.

Case Status: The case has been settled.

What's Next: The City has agreed to pay NSSF over $400,000 in legal fees.

Case Status: The California trial court upheld DOJ’s regulation and the plaintiffs have appealed the decision to the California Court of Appeals.

What's Next: The case is currently being briefed before the California Court of Appeals. Oral arguments are expected to take place late 2017.

Case Status: At the request of both parties, oral arguments have been cancelled, and the case has been referred to the 9th Circuit’s mediation program.

What's Next: The Army Corps of Engineers is reconsidering its firearms policy, and will work with plaintiffs to settle the matter outside of court.

Case Status: On December 1, the California Court of Appeals issued a ruling in favor of NSSF, allowing the lawsuit to proceed in the lower court. But on March 22, 2017, the California Supreme Court agreed to rehear the case following a petition from the State of California.

What's Next: Briefing in the California Supreme Court is underway.

Case Status: On February 21, 2017, an “en banc” panel of the 4th Circuit issued an opinion upholding Maryland’s ban that referred to America’s most popular types of rifles as “exceptionally lethal weapons of war.”  

What's Next: Plaintiffs will soon file a petition for review to the United States Supreme Court.

Case Status: On May 17, 2016, the Court granted the Plaintiffs’ request for an order blocking enforcement of the “good reason” requirement.  The government appealed the decision to the D.C. Circuit Court of Appeals and the Court issued a stay of the lower court’s order that prohibited D.C. from enforcing its “good reason” requirement.

What's Next: Oral arguments in the case were held on September 20, 2016, along with Wrenn v. District of Columbia. A decision from the D.C. Circuit can be expected anywhere in the next 3-9 months. 

Description: LOP works hard to inform California gun owners of political candidate's voting records on Second Amendment Issues.

LOP Response: Continually develop and maintain detailed voting histories of local politicians, including whether they proposed or supported any firearm-related legislation.

Current Status: Ongoing. 

Description: In July 2016, the City Council opened discussion on a number of anti-gun proposals, including a duty to report the theft or loss of a firearm, a prohibition on the possession of magazines capable of holding more than 10 rounds, and a requirement that all ammunition sales be recorded.

LOP Response: Alerted members to attend City Council meetings and voice opposition. Submitted two opposition letters, one in July and one in September, warning of the ordinance’s serious legal problems, including state preemption issues. Published C.D. Michel editorial discussing problems with proposal. Sought public records of communications between Council members and anti-gun groups.

Current Status: The City agreed to remove the magazine and ammunition restrictions from the proposal. But despite the overwhelming number of residents who spoke against the proposal, the Council voted 3-2 in favor of enacting the remaining provisions.

Description: In June 2016, the City Council instructed the LAPD to work with the anti-gun organization “Crime Gun Solutions” to study and identify so-called “bad apple” gun dealers located in the City of Los Angeles.

LOP Response: In a joint-effort with FFLGuard, prepared and submitted a letter to all FFLs located within the City warning them of the Council’s action.

Current Status: The City has not prosecuted a single dealer as a result of its efforts targeting so-called "bad apple" gun dealers.

Description: The Town Council has listed implementation of a “safe firearm storage” and “home based firearm dealer” ordinance as a proposed goal for 2017.

LOP Response: Continuing to monitor Town Council agendas for any updates.

Current Status: Town staff have not yet submitted a draft ordinance for review.

Description: In March 2016, several City Councilmembers asked staff to prepare an ordinance requiring the locked storage of firearms and restricting where FFLs may be located.

LOP Response: Continuing to monitor City Council agendas for any updates.

Current Status: City staff have not yet submitted a draft ordinance for review.

Description: In October 2016, Sonoma County Sheriff Steve Freitas sought approval from the County Board of Supervisors to impose a mandatory psychological test for all CCW applicants and raise the associated fee from $150 to $550.

LOP Response: Submitted opposition letter warning of the proposal’s serious legal problems, such as how state law capped the psychological testing fee at $150.

Current Status: In November 2016, the County Board of Supervisors pulled the proposal from consideration and stated it has no plans for re-introduction at this time.

Description: In September 2016, the City introduced an ordinance requiring all handguns kept at home to be stored in a locked container, providing an exception only for individuals who possessed a valid CCW.

LOP Response: Submitted opposition letter warning of the ordinance’s serious legal problems, including state preemption issues.

Current Status: In October 2016, the City agreed to amend the ordinance to include an exception for all law-abiding citizens when carrying the firearm, regardless of whether or not they possess a valid CCW.

Description: Under the City’s “Master Fee Schedule,” residents applying for a CCW must pay a local processing fee of $961, well in excess of the $100 statutory maximum for such fees.

LOP Response: Submitted pre-litigation demand letter seeking repeal of the City’s excessive application fee.

Current Status: In November, attorneys for the City agreed that the current fee violates the statutory $100 cap. As a result, the City will soon introduce a resolution to amend the “Master Fee Schedule” accordingly.

Description: In September 2016, Councilmembers Ash Kalra and Raul Peralez introduced an anti-gun package for discussion and referral to the City Council.

LOP Response: Alerted members to attend Rules and Open Government Committee meetings during early stages of proposal.

Current Status: As a result of LOP and other local pro-gun efforts, the City has dropped most of the proposed provisions, but will still pursue a mandatory locked-storage ordinance. A draft ordinance is expected to be introduced to the City Council in the coming weeks.

Description: At the request of several anti-gun residents, the Del Mar Fairgrounds Board of Directors held an open discussion in November 2016 regarding the use of the grounds by gun shows.

LOP Response: Alerted members to attend meeting and voice support for gun shows. Submitted letter of comment informing Board members of all of the rules and requirements gun show operators are required to adhere to in the State of California.

Current States: Following the public discussion, the Board did not take any action and continues to allow the use of the grounds by gun shows.

Description: Many Orange County residents to this day are still confused as to the specific requirements for obtaining a CCW in Orange County.

LOP Response: Prepared a comprehensive guide discussing the entire application process for obtaining a CCW in Orange County, including what is required to satisfy the Sheriff’s “good cause” policy.

Current Status: NRA and CRPA are working hard to bring "shall-issue" to California. In the meantime, CRPA will continue to provide gun owners with helpful guides on how they can apply for a CCW in their respective county of residence.

Description: Following the enactment of Senate Bill 707, which restricted CCW holders from carrying firearms on school grounds, the Kern County High School Board sought to allow teachers and staff to carry firearms at school.

LOP Response: CRPA provided the Board with a comprehensive guide discussing the school’s authority to allow individuals to carry firearms on school grounds. 

Current States: In November 2016, the Kern High School District Board voted in favor of allowing teachers and staff to carry firearms on school grounds.

Description: On January 12, the Cupertino Public Safety Commission held an open discussion on several proposed anti-gun measures.

LOP Response: Alerted members to attend the Public Safety Commission meeting. Submitted opposition letter informing the Commission of the proposal's serious legal problems not adequately discussed in staff reports.

Current Status: Nearly 40 pro-gun speakers attended the meeting and voiced their opposition. Not a single person spoke in support. Following public discussion, the Commission took no action and directed staff to research the issue further.

Description: On March 20, the City Council held an open discussion on a proposed ordinance requiring FFLs to install vehicle impact security devices in the form of “bollards” at all entrances to the store.

LOP Response: Alerted members to attend meeting and voice opposition. Submitted a letter of opposition informing the City of the ordinance’s serious legal problems.

Current Status: The City Council discussed NRA and CRPA’s opposition prior to making its decision, but ultimately voted 6-1 in favor of the ordinance.

Description: NRA and CRPA regularly seek and obtain public records in connection with any anti-gun efforts in California. Such efforts include proposed anti-gun ordinances, gun buyback programs, and other anti-gun regulatory enforcement issues.

LOP Response: Responses to these requests often yield valuable results, such as which members of a local government entity are working with anti-gun groups, sources of funding, and other important information.

Current Status: Ongoing.

Description: NRA and CRPA regularly seek and obtain public records from CA DOJ and local law enforcement relating to internal agency policies and interpretations of CA firearm laws.

Regulatory Counsel Response: Recently, responses to these requests provided key financial analysis reports from CA DOJ and other state agencies regarding proposed firearm legislation. These reports were subsequently used in drafting legislative opposition letters and veto requests to the governor.

Current Status: Ongoing.

Description: Given California's continually evolving and complex firearm laws, many gun owners, manufacturers, and dealers are often left wondering how best to avoid being prosecuted for otherwise unintentional violations that can result in serious consequences.

Regulatory Counsel Response: NRA and CRPA regularly work to provide Californians with up-to-date information on California laws, regulations, and policies regarding firearms to help gun owners avoid prosecution and retain their right to keep and bear arms.

Current Status: Ongoing. In connection with these efforts, NRA and CRPA produced several webinars on a variety of topics, including the loaning of firearms, the new “assault weapon” laws, the new ammunition sales laws, and the recently proposed “assault weapon” regulations.

Description: For several years, the LA City Attorney mailed threatening letters to new gun purchasers warning them of their obligations and potential stiff penalties for violating any of California’s numerous firearm laws.

Regulatory Counsel Response: NRA and CRPA submitted numerous public record requests to both the LA City Attorney and CA DOJ, seeking information on how the LA City Attorney obtained gun owner information to send such letters.

Current Status: After being pressed for information, the LA City Attorney voluntarily discontinued the program in 2015. 

Description: NRA and CPRA continually assist members with questions concerning California firearm laws.

Regulatory Counsel Response: NRA and CRPA have a variety of resources available to members, including the ability to refer individuals to attorneys specializing in firearm laws.

Current Status: Ongoing.

Description: California recently adopted several new firearm laws. These laws have caused confusion amongst the public, firearm dealers, and manufacturers.

Regulatory Response: NRA and CRPA have published several webinars that provide gun owners with detailed information on each of these new laws.

Current Status: Recordings of the webinars are freely available on CRPA's website.

Description: Since January 2016, a new law allows law enforcement or immediate family members to seek a “gun violence restraining order” against another.

Regulatory Counsel Response: NRA and CRPA published a comprehensive guide for judges, prosecutors, attorneys, police, and gun owners explaining all aspects of the new law.

Current Status: The published guide is available on the CRPA's website.

Description: As a result of SB 707, which was signed into law in 2015 and became effect on January 1, 2016, CCW holders may no longer carry their firearm on school grounds.

Regulatory Counsel Response: To assist CCW holders understand the new restrictions, NRA and CRPA published a comprehensive guide that details the various ways in which a person may lawfully carry a firearm on school grounds.

Current Status: The published guide is available on CRPA's website. Recently, this guide has been provided to school administrators who are considering allowing individuals to carry firearms on their school's campus free of charge.

Description: In December 2016, CA DOJ proposed a series of “emergency” regulations relating to magazines capable of holding more than 10 rounds.

Regulatory Counsel Response: NRA and CRPA alerted members to voice their opposition and submit comments, and prepared a comprehensive analysisof the proposed regulations’ effects. NRA and CRPA also submitted a letter of opposition to the Office of Administrative Law.

Current Status: On December 29, 2016, CA DOJ voluntarily withdrew its proposal, but could re-introduce the regulations for consideration at any time.

Description: In December 2016, CA DOJ submitted its anticipated regulations regarding the procedures for registering newly classified “assault weapons” under Senate Bill 880 and Assembly Bill 1135.

Regulatory Counsel Status: NRA and CRPA alerted members to the proposal, submitted a pre-litigation demand letter to DOJ and an opposition letter to Office of Administrative Law, and produced a webinar outlining  the effects of the proposal should it become law.

Current Status: NRA and CRPA are continuing to monitor the status of the proposed regulations. Several lawsuits challenging these regulations and other recently enacted CA laws will soon be filed.

Description: In CA, the transfer of a firearm to a business or “entity” is prohibited, and the loaning of a firearm is restricted absent specific circumstance. As a result, many gun clubs and youth groups are unclear on how to conduct their activities.

Regulatory Counsel Response: NRA and CRPA are currently preparing a limited access webinar for clubs and youth groups explaining CA law as applied to their organizations and how to avoid unintentional violations of CA law. 

Current Status: This limited access webinar will be held the week of January 23. 

Description: Contrary to California law, DOJ prohibits FFLs from conducting PPT’s when the seller is not a resident of California.

Regulatory Counsel Status: NRA and CRPA submitted a petition to the Office of Administrative Law challenging DOJ’s policy as an “underground regulation.”

Current Status: An initial review of the petition by the Office of Administrative Law is expected to be completed on January 30, 2017.

Agency: N/A

Recent Action: Prepared two full days of presentations developed by NRA and CRPA to California hunting groups laying out a plan for addressing attacks on hunting rights in California.

Status: The groups unanimously agreed to form a coalition and develop a coordinated system to effectively and efficiently oppose and roll back anti-hunting regulations.

Agency: Fish & Game Commission, Municipalities, Regulatory Bodies

Recent Action: Prepare memoranda on viability of lawsuits challenging regulations; maintain ongoing list of potential legal challenges.

Status: Ongoing efforts to closely monitor current and potential legal challenges to timely and effectively intervene or file litigation as appropriate.

Agency: Fish & Game Commission, Municipalities, Regulatory Bodies

Recent Action: Ongoing monitoring of lawsuits and activities of potential interest to hunting related matters in California. Regularly submit public records act requests for documents concerning efforts of anti-hunting groups. Analyze Fish & Game Commission meeting agendas and prepare lobbyists for addressing matters of interest at FGC & WRC meetings.

Status: Ongoing efforts to closely monitor various hunting related issues to allow for timely and effective intervention as necessary.

Agency: N/A

Recent Action: Developed and distributed computer presentations for distribution by coalition of hunting groups that outline the attacks hunters are facing. Presented to Council to Advance Hunting and Shooting Sports regarding issues in California to garner support.

Status: Ongoing efforts to grow hunting rights coalitions and spread awareness.

Agency: N/A

Recent Action: Prepare alerts regarding new hunting rules and regulations and advise of NRA and CRPA efforts to promote and defend hunting rights in California.

Status: Ongoing.

Agency: Fish & Game Commission

Recent Action: Development of petitions to repeal or amend current regulations that negatively affect hunters and to promote adoption of regulations that benefit hunters.

Status: Several petitions were recently granted that demand transparency and structure for Fish & Game Commission operations and allow certain archery hunters to carry side arms.

Agency: Fish & Game Commission, Municipalities

Recent Action: Ongoing efforts to prepare representatives for attendance at Wildlife Resource Committee hearings on predators. Presented at coyote management symposium regarding negative impacts of HSUS on predator management policies. Drafted manuscript explaining HSUS lies for publication in predator management circles. Grassroots organization to mobilize and direct local residents of cities with HSUS coyote policies.

Status: Ongoing efforts to challenge HSUS regarding non-lethal coyote policies in cities where pets and family members are being attacked. Working to broaden coalition of individuals opposed to HSUS policies in light of dangers to typical family households while informing industry members of predator management about opportunities to oppose.

Recent Action: Regional Water Quality Control Board (RWQCB) Region 5R has been inspecting all shooting ranges in the region requiring sampling for potential lead contamination in stormwater runoff, utilizing drinking water standards.  This has the potential to set extremely bad precedent for regulating ranges for stormwater runoff (using drinking water standards) and may potentially shut down numerous ranges.   

Status: Ongoing efforts to assist ranges and engage the RWQCB Region 5R representatives to contest the validity of RWQCB’s actions. Working to prevent RWQCB from using the drinking water standards (0.010 mg/L for lead) and invoke the proper stormwater standards (0.262 mg/L), if not stopping RWQCB’s actions entirely.

Recent Action: Counties are attempting to break shooting ranges’ grandfathering as a non-conforming use under County Ordinance. Once the grandfathered status of a range is broken through a use intensification argument or a subsequent County Ordinance requiring a Conditional Use Permit under the guise of health and safety concerns, compliance with current County Ordinance is effectively impossible and range closure is certain.

Status: Ongoing efforts to assist ranges in defending their grandfathered status is crucial in keeping these ranges open and operating.