The California Rifle & Pistol Association, has filed an NRA supported lawsuit, challenging California’s total ban on carrying handguns for self defense. The state has basically banned open carry, and it’s very difficult to acquire a concealed carry license, in the largest counties. The lawsuit stems from an en banc panel of judges ruling from the Ninth circuit that allows such a ban.
On August 17th, the California Rifle & Pistol Association and several individuals, with the support of the National Rifle Association, filed a lawsuit in federal court challenging state and local restrictions on carrying a firearm for self-defense in public. Both California Attorney General Kamala Harris and Los Angeles Sheriff James McDonnell are named as defendants because, between California law and the Sheriff’s local policy, law-abiding residents of Los Angeles County have no meaningful way to exercise their fundamental right to bear arms.
The new lawsuit, titled Flanagan v. Harris, is a direct response to the 11-judge “en banc” panel decision in another NRA/CRPA supported case, Peruta v. County of San Diego. In Peruta, the plaintiffs argued that the Second Amendment protects the right to carry a firearm for self-defense in public. Because California prohibits open carry, the Plaintiffs argued that the Sheriff’s restrictive policy that denies concealed carry licenses to most law-abiding citizens violates the Second Amendment. A 3-judge panel of the Ninth Circuit agreed, issuing a ruling declaring the Sheriff’s restrictive “good cause” policy unconstitutional.