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Court order denying requests by California Attorney General Kamala Harris shows state's weak hand, reports The Calguns Foundation.
ROSEVILLE, CA / November 20, 2014 – California’s laws requiring gun purchasers to wait at least ten days before taking possession of their lawfully-acquired firearms are one step closer to being history, reports The Calguns Foundation, a gun rights group headquartered in the Sacramento suburb of Roseville.
In a new order released today, Federal District Court Judge Anthony W. Ishii rejected two requests made by California Attorney General Kamala Harris in the dispute, captioned Silvester, et al. v. Harris, that was filed in Fresno nearly three years ago.
"Defendant [Harris] made various arguments to justify the waiting period, but the evidence did not actually support a 10-day waiting period,” today’s order noted. “The [state’s] arguments were more in line with rational basis scrutiny”– a weak form of judicial review that was expressly rejected in the U.S. Supreme Court's landmark District of Columbia v. Heller decision – “than with intermediate scrutiny,” which forces governments to prove how a law impinging on a constitutional right serves an important purpose.
In the case of the waiting period laws, Attorney General Harris couldn’t.
"The Court notes that Defendant has not identified any error of law or any erroneous factual finding,” Judge Ishii explained in his denial of Harris’ requests. “The Court stands by its analysis and its findings that the waiting period laws violate the Second Amendment” as applied to the three classes of individuals that, plaintiffs successfully argued, shouldn’t be subject to the laws.

Harris had moved for a modification of the original August court order – which gave the state Department of Justice six months to take whatever steps were necessary to bring the agency’s policies in line with civil rights standards – to allow it a year to comply with the ruling, and also to delay the court’s enforcement of the order entirely until the appeals process had concluded. Both motions were denied.
"A bench trial has concluded, and a law that is actively being enforced has been found to be unconstitutional. The Court does not know how Defendant or the BOF prioritizes projects, but dealing with an unconstitutional law should be towards the top of the list."
“We’re pleased that Judge Ishii saw right through the Attorney General’s acrimonious delay tactics and properly denied her the opportunity to infringe our fundamental Second Amendment rights even more than she already has,” said Brandon Combs, the executive director of The Calguns Foundation and a plaintiff in the case. “Today’s court order bodes well for justice and, especially, for law-abiding gun purchasers.”
Harris, who has already filed a notice with the district court that she intends to take the loss to the Ninth Circuit Court of Appeals, will presumably argue against the court’s holding that “the 10-day waiting period violate[s] the Second Amendment as applied to three classes of individuals,” like those similarly situated to individual plaintiffs Jeff Silvester and Combs.
Notably, the waiting period requirement was first passed in the same 1923 legislative act as California’s “may-issue” concealed carry laws and a ban on the public display of handguns by gun dealers. Both of those regulations are currently being challenged in federal lawsuits backed by The Calguns Foundation and the Second Amendment Foundation, who are institutional plaintiffs in the Silvester case. The Ninth Circuit is currently considering Yolo County Sheriff Ed Prieto’s request for rehearing of a decision that found his carry license policies violate the Second Amendment right to bear arms. Meanwhile, four gun dealers seeking to strike down the ban on commercial speech filed a motion for preliminary injunction in Sacramento’s federal district court on Monday, arguing the handgun display ban violates the First Amendment.
The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to defend and advance Second Amendment and related civil rights.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

November 10, 2014 (SACRAMENTO, CA) — Four California gun dealers are filing a federal lawsuit today against California Attorney General Kamala Harris over what they say is a violation of their First Amendment civil rights. Stephen Lindley, who heads the DOJ’s Bureau of Firearms, is named as a co-defendant in the case.
Tracy Rifle and Pistol, a firearm retailer and indoor shooting range located in San Joaquin County, was recently cited by Harris’ Department of Justice for having pictures of three handguns in window signs that can be seen outside the store. California Penal Code section 26820, first enacted in 1923, bans gun stores from putting up signs advertising the sale of handguns — but not shotguns or rifles. An adjacent window image at Tracy Rifle, which shows a photograph of an AR-15 rifle, was not cited by the DOJ.
“I run one of the most heavily regulated and inspected businesses in existence, but it’s still illegal for me to show customers that I sell handguns until after they walk in the door,” explained Michael Baryla, the owner of Tracy Rifle and Pistol. “That’s about as silly a law as you could imagine, even here in California.”
While California gun dealers cannot display even the word ‘handgun’ at their stores to passersby, adjacent businesses and anti-gun protesters are not prohibited from doing as much. The court filings argue that the law operates as unconstitutional speaker, content, and viewpoint-based discrimination, in addition to having other legal problems.
Similar statutes banning handgun displays can be found in places like Pennsylvania, Texas, and Washington, D.C., but the California Department of Justice appears to be the only state agency enforcing provisions like the challenged ban.
The lawsuit claims that this restriction violates gun stores’ First Amendment rights, by severely restricting truthful, non-misleading commercial speech. Lead counsel Bradley Benbrook said about the lawsuit, “The First Amendment prevents the government from telling businesses it disfavors that they can’t engage in truthful advertising. This case follows a long line of Supreme Court cases protecting such disfavored businesses from that type of censorship.”
Though the case doesn’t claim a Second Amendment violation, plaintiffs do argue that commercial advertisement of constitutionally protected products and services — whether abortion, contraceptives, or guns — is especially clearly protected under the First Amendment.
The plaintiffs are also represented by Benbrook’s colleague Stephen Duvernay and Eugene Volokh, a UCLA law professor who has written and taught extensively about the First and Second Amendments. Before joining the UCLA faculty 20 years ago, Volokh clerked for Judge Alex Kozinski of the Ninth Circuit Court of Appeals and Justice Sandra Day O’Connor of the U.S. Supreme Court. He also operates the popular legal blog “The Volokh Conspiracy,” now hosted at the Washington Post.
California Association of Federal Firearms Licensees, the state’s firearm industry association, joined gun rights groups The Calguns Foundation and Second Amendment Foundation in support of the case.
The lawsuit’s other plaintiffs include Sacramento Black Rifle of Rocklin, Ten Percent Firearms of Taft, and PRK Arms, a Fresno-based dealer that operates a chain of three stores in California’s Central San Joaquin Valley, as well as business owners Robert Adams, Wesley Morris, and Jeffrey Mullen, respectively.
A copy of the complaint can be viewed at http://www.calgunsfoundation.org/litigation/trap-v-harris.
California Association of Federal Firearm Licensees (www.calffl.org) is California’s most tenacious advocacy group for Second Amendment and related economic rights. CAL-FFL members include firearm dealers, training professionals, shooting ranges, collectors, gun owners, and others who participate in the firearms ecosystem.
The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to advance Second Amendment and related civil rights.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

October 27, 2014 (SACRAMENTO, CA) -- Today, a federal jury in Sacramento found gun owner Ulysses S. Grant Early IV not guilty of conspiracy to make a false statement on a federal a firearm record known as an ATF Form 4473. The lengthy criminal trial, which lasted four weeks, successfully concluded for Early after more than two days of jury deliberations and two years of legal wrangling.
[caption id="attachment_2323" align="alignleft" width="300"] Grant Early (back left), with his wife, Bonnie (back right) and sons Quinn (front left) and Chase (front right) in 2013.[/caption]
Early was represented by civil rights attorney Donald Kilmer of San Jose. The Calguns Foundation, a gun rights group based in Roseville, provided resources and support for his legal defense.
According to evidence presented during the trial, Early purchased a Sturm, Ruger & Co. model LCP handgun from a Roseville, California police officer in May of 2010. Under state law, a Ruger LCP can only be purchased new directly from a gun dealer by an exempted person, such as a law enforcement officer, since the gun is not included in the Roster of Handguns Certified for Sale maintained by the California Department of Justice. But the state’s handgun restrictions allow individuals to sell or transfer their “off-Roster” handguns to others, as long as the seller and buyer follow all other laws. The Calguns Foundation maintains that California’s handgun roster and microstamping regulations are unconstitutional in an unrelated civil lawsuit.
Early’s lawyer successfully argued that the police officer was the actual buyer in the LCP’s initial sale, that Early later purchased the handgun from the officer in a separate, legal “private party transaction,” and that Early did not conspire to withhold information from the government by making a false statement in the process. In his purchase of the handgun from the officer, Early adhered to all state and federal firearm laws, including the use of a licensed gun dealer for the transfer and his successful completion of a background check and 10-day wait.
“This verdict has renewed my faith in our system and the value of all of our constitutional rights, especially the right to a trial by jury,” Early said after hearing the news. “I feel like justice was served and I’m grateful for that. My family and I can finally get back to living our lives.”
“Mr. Early’s prosecution is a striking reminder that second amendment civil rights must be as vigorously defended as those protected by the first amendment,” remarked Kilmer. “Today’s positive outcome for my client is also an important victory for fundamental individual liberties. I’m grateful to the court and jury for their hard work on this case and also to The Calguns Foundation, which supports critical cases like this one.”
Notably, state assemblyman Roger Dickinson twice attempted to ban sales and transfers of “off-Roster” handguns by peace officers and other exempted individuals, but Governor Brown vetoed both attempts.
In his 2012 veto of Dickinson’s AB 2460 -- a bill widely reported as a legislative response to this case -- Brown included a statement explaining his rejection of the proposal, writing that the measure “would restrict law enforcement and military personnel - and only those individuals - from selling lawfully purchased handguns that have not been certified by the Attorney General's Office” and that the bill “takes from law enforcement officers the right to an activity that remains legally available to every private citizen,” concluding with “I don't believe this is justified.”
“Governments should not attempt to use criminal proceedings to stretch their interpretations of laws that trench upon enumerated rights,” commented Gene Hoffman, the Foundation’s chairman. “Mr. Early’s case is an example of our criminal defense program keeping a check on governmental overreach.”
“The prosecution went too far with a charge based on an ambiguous form and a lack of clarifying regulations,” said Calguns Foundation Executive Director Brandon Combs. “The ATF needs to address its deficient process before more innocent lives are upended or destroyed by inadequately considered and improperly enforced federal gun control laws.”
The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to defend and advance Second Amendment and related civil rights.

CGF and Ares stand united for Second Amendment rights
ROSEVILLE, CA, and NATIONAL CITY, CA (October 15, 2014) – Ares Armor, a Southern California-based retailer of products that allow law-abiding gun owners to build legal firearms at home, has announced that it will renew its financial commitment to The Calguns Foundation, a gun rights advocacy organization which advances Second Amendment rights through strategic civil litigation, education, and other programs.
Ares CEO Dimitri Karras said that the company’s decision to support the gun rights group was “the right thing to do for many reasons, not the least of which is that Calguns is leading the charge for Second Amendment rights in California.”
“Taking on the Department of Justice and Attorney General Kamala Harris in case after case, The Calguns Foundation has shown that it’s not afraid to tackle the big issues,” he commented. “In these days of billionaire-funded anti-gun organizations, it is more important than ever that we have a strong, united, and unwavering front.”
Karras noted that Calguns’ recent victory in a federal Second Amendment lawsuit that partially overturned California’s 10-day waiting period stood out to him. “When you’re able to persuade a Bill Clinton-appointed federal judge that the government can’t possibly justify a key gun control law like the waiting period, it’s a huge step forward for our cause.”
“The support we’ve received from Ares Armor has been nothing short of extraordinary,” said Calguns’ Executive Director, Brandon Combs. “We can’t thank Dimitri enough for his and his company’s ongoing efforts to advance fundamental individual liberties. Ares has been and will continue to be a key voice for freedom in our state.”
Combs concluded, “We are excited to continue working closely with Ares in our fight to secure the fundamental right to keep and bear arms.”
The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to defend and advance Second Amendment and related civil rights.
The mission of Ares Armor (www.aresarmor.com) is to support and defend the Constitution of the United States.
Media Contacts:
The Calguns Foundation – Brandon Combs
[email protected]
Ares Armor – Dimitri Karras
[email protected]
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The Calguns Foundation gives San Bernardino County, California, Sheriff John McMahon thirty days to correct his handgun carry license application practices.
ROSEVILLE, CA / September 11, 2014 – Earlier today, The Calguns Foundation sent San Bernardino County Sheriff John McMahon a letter demanding that he revise the Sheriff-Coroner Department's handgun carry license policies.
[caption id="attachment_2306" align="alignleft" width="240"] The Calguns Foundation gave San Bernardino Sheriff John McMahon thirty days to correct handgun carry license policies and practices that, they say, violate the law and Constitution.[/caption]
In reviewing recent filings for the federal civil rights lawsuit of Birdt v. San Bernardino Sheriff’s Department, "it was apparent that the Sheriff has a lot of work to do" in order to comply with the law, noted the Foundation's Executive Director, Brandon Combs.
"Once again, we see a jurisdiction's highest law enforcement officer thumb their nose at fundamental Constitutional rights and the California Legislature," he added. "It's sad to think that this really just boils down to the Sheriff's blatant distrust of his own constituents and a lack of respect for fundamental civil rights."
But the issues go deeper than differences of opinion, Combs says.  He pointed to one part of the federal magistrate judge's recommendation, in which the Court found that

"[Birdt's] application file also reveals that an incident occurred on January 29, 2013 when he came into the Sheriff’s office and tried to file a form from the California Department of Justice website which he demanded to leave at the counter without all the required documentation.  He was told that when he had all the correct documentation he should call the number in the Sheriff’s packet for an interview date.  The Sheriff’s office does not accept applications without an appointment.  He left the office 'irate.'  Birdt subsequently sent a January 29, 2013 letter with his application and a check but the Sheriff’s office does not accept applications by mail nor does it accept checks.  The background investigation report concludes, 'Birdt not only have an aggressive defiant behavior...he failed to follow directions.'"
While the County's claim that Birdt was "irate" has yet to be proven in court, it simply doesn't matter, said the Foundation in its letter. "Given the facts of [the sheriff's] policies and practices as detailed in the proposed order, an applicant would reasonably become frustrated that their rights are being denied through improper administrative roadblocks...To the extent that Mr. Birdt expressed his displeasure about such policies and practices (without violating the law, such as by interfering with the duties of a peace officer), it seems to us that such conduct would be rationally expected and protected under the First Amendment."
"If some government official was jerking me around like Sheriff McMahon and his staff apparently did to Birdt, I'd be a bit 'irate,' myself," quipped Combs.
The Foundation asked that the sheriff correct the disputed policies and practices within 30 days, noting that its legal counsel is "ready and willing to assist [the sheriff]" in the efforts and that it would prefer to avoid litigation, if possible.
"We're cautiously optimistic that Sheriff McMahon will take the high road and save his county's taxpayers from the costs of fighting about these issues in court," Combs said, "but if he doesn't, that's exactly what we're prepared to do next month."
A copy of the Foundation's letter can be viewed at http://www.calgunsfoundation.org/2014/09/cgf-to-san-bernardino-sheriff-fix-your-handgun-license-policy.
Law-abiding San Bernardino County residents who wish to apply for a handgun carry license may volunteer to report their experiences to Calguns at http://www.calgunsfoundation.org/get-help/california-carry-license-ltc-ccw-issue-reporting.
Gun owners who wish to support carry license compliance efforts and related litigation can make a tax-deductible donation to The Calguns Foundation at http://old.calgunsfoundation.org/donate.
The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to defend and advance Second Amendment and related civil rights.
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