By Dave Workman
Editor-in-Chief
The Second Amendment Foundation has filed a federal lawsuit against the Los Angeles County Sheriff and California Attorney General Rob Bonta challenging the constitutionality of carry permit issuance policies and laws that make it difficult, if not impossible, for citizens to obtain permits.
This is the 18th lawsuit SAF has filed in California, challenging state and local gun control laws.
The lawsuit also seeks to require the Golden State to recognize carry permits and licenses from other states. California currently does not issue permits to non-residents, and the lawsuit says this violates the Equal Protection clause of the 14th Amendment, along with the Privileges and Immunities Clause of Article IV, § 2 of the U.S. Constitution.
Joining SAF are the California Rifle & Pistol Association, Gun Owners of America, Gun Owners Foundation, Gun Owners of California and several private citizens. They are represented by attorneys Chuck Michel, Joshua Robert Dale, Konstadinos T. Moros and Alexander Frank, all of Long Beach, and Donald Kilmer of Caldwell, Idaho.
In addition to Bonta, defendants are L.A. County Sheriff Robert Luna, La Verne Police Chief Colleen Flores, in their official capacities, and their respective agencies. The lawsuit was filed Monday in U.S. District Court for the Central District of California.
“It is apparent that the defendants unilaterally decided that Bruen did not apply to them and have continued to foster policies that make the process to obtain a permit as arduous as possible,” noted SAF Executive Director Adam Kraut in a prepared statement. “The fees to process permit applications, delays in processing, and other requirements are grossly excessive and cannot withstand constitutional scrutiny.”
“The process and costs involve seem deliberately designed to discourage people from exercising their constitutional right to bear arms,” added SAF founder and Executive Vice President Alan M. Gottlieb. “In some cases, applicants have had to wait for a year or more to get their permit. This is simply inexcusable.”
According to the 41-page complaint, “California violates the right of CCW permit applicants by allowing issuing authorities to demand psychological exams at their discretion under California Penal Code Section 26190(f) (soon to be 26190(g) under SB2).”
The lawsuit alleges that the La Verne Police Department “has violated and continues to violate the rights of CCW permit applicants by charging nearly $600 in total fees (not including the cost of training, livescan, and psychological review) and by engaging in forbidden suitability determinations with its psychological examination requirement.”
The federal complaint alleges violations of both the U.S. Constitution and state law, and seeks an injunction from enforcing the California law, and prevent the agencies from charging excessive fees. The lawsuit also seeks to require California to honor concealed carry permits and licenses issued by other states.
