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For media inquiries, please contact [email protected] or (800) 556-2109.

California Gun Owner Defended by CGF Not Guilty of Federal Conspiracy Charge

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. 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. donate_button.1


Ares Armor Renews Support of The Calguns Foundation’s Gun Rights Efforts

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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CGF to San Bernardino Sheriff: 'Fix Your Handgun License Policy'

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"]Sheriff John McMahon 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.
[gview file="http://www.calgunsfoundation.org/wp-content/uploads/2014/09/2014-09-11-CGF-San-Bernardino-Birdt-CCW.pdf"]


California Gun Waiting Period Laws Ruled Unconstitutional

California Gun Waiting Period Laws Ruled Unconstitutional

Federal court decides 10-day waiting period laws violate Second Amendment rights


ROSEVILLE, CA, and BELLEVUE, WA / August 25, 2014 – California’s 10-day waiting period for gun purchases was ruled unconstitutional by a federal judge this morning in a significant victory for Second Amendment civil rights. The laws were challenged by California gun owners Jeffrey Silvester and Brandon Combs, as well as two gun rights groups, The Calguns Foundation and Second Amendment Foundation.
In the decision released this morning, Federal Eastern District of California Senior Judge Anthony W. Ishii, appointed to the bench by President Bill Clinton, found that “the 10-day waiting periods of Penal Code [sections 26815(a) and 27540(a)] violate the Second Amendment” as applied to members of certain classifications, like Silvester and Combs, and “burdens the Second Amendment rights of the Plaintiffs.”
“This is a great win for Second Amendment civil rights and common sense,” said Jeff Silvester, the named individual plaintiff. “I couldn’t be happier with how this case turned out.”
Under the court order, the California Department of Justice (DOJ) must change its systems to accommodate the unobstructed release of guns to gun buyers who pass a background check and possess a California license to carry a handgun, or who hold a “Certificate of Eligibility” issued by the DOJ and already possess at least one firearm known to the state.
“We are happy that Second Amendment rights are being acknowledged and protected by our courts,” said Donald Kilmer, lead attorney for the plaintiffs. “This case is one more example of how our judicial branch brings balance to government in order to insure our liberty. I am elated that we were able to successfully vindicate the rights of our clients.”
Attorneys Victor Otten of Torrance and Jason Davis of Mission Viejo were co-counsel for the plaintiffs.
“This ruling clearly addressed the issue we put before the court,” said SAF founder and Executive Vice President Alan Gottlieb. “We are naturally delighted with the outcome.”
“California gun owners are not second-class citizens and the Second Amendment doesn’t protect second class rights,” noted plaintiff Brandon Combs, also CGF’s executive director. “This decision is an important step towards restoring fundamental individual liberties in the Golden State.”
“This victory provides a strong foundation from which other irrational and unconstitutional gun control laws will be challenged,” concluded Combs. “We look forward to doing just that.”
The court’s decision can be read or downloaded here.
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.
Media Contacts:
The Calguns Foundation - Brandon Combs
[email protected]
(800) 556-2109 ext. 5775
Second Amendment Foundation - Alan Gottlieb
(425) 454-7012

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Gun Groups to Sheriff: Start Granting Carry Permits, Or Else

Second Amendment advocates put Riverside County’s handgun carry license policy in their crosshairs.


CGF Publishes New Resources to Help Californians Acquire a Handgun Carry License

FOR IMMEDIATE RELEASE: Friday, March 7, 2014

CGF Publishes New Resources to Help Californians Acquire a Handgun Carry License


ROSEVILLE, CA – Following the federal Ninth Circuit Court of Appeals' recent affirmations of the fundamental, individual Second Amendment right to carry handguns in public for self-defense, Roseville-based gun rights group The Calguns Foundation has published new resources to assist law-abiding Californians with the process of applying for a license to carry.
"One important element of our Carry License Compliance Initiative is to educate people on the laws and process," said Executive Director Brandon Combs. "The information barrier has been a huge problem in the past, but we're confident that our new tools will help thousands of Californians exercise their Second Amendment rights."
In addition to expanded informational offerings, the Foundation has created a new California Carry License (LTC/CCW) Issue Reporting System, a service that applicants can use to report problems with a local law enforcement agency's application policy or practice.
"By creating a database of the personal experiences of carry license applicants from across the state, we will gain a comprehensive understanding of what's actually happening out there," explained Combs. "These reports will help us determine which licensing authorities to focus our Compliance Initiative resources on, and, when necessary, take legal action against."
Combs noted that the Foundation released its new carry license projections in February, which showed the number of Californians licensed to carry handguns skyrocketing during the first year of effective "shall-issue" regulations.
Using information pulled from the California Department of Justice and the issuance statistics of other "shall-issue" states across the nation, The Calguns Foundation estimated that the number of California carry licensees will grow over 1000%, from about 56,000 today to as many as 1,000,000 in 2015.
"There's no question that the public demand is there," said Combs. "The right to carry is the biggest, most culturally-significant issue in gun rights today. We're going to do whatever it takes to make sure that all law-abiding people are free to exercise their Second Amendment civil rights in California."
Those interested in applying for a California carry license can access The Calguns Foundation's FAQs, download state-standard application forms, review legal information, and report unconstitutional or unlawful policies through its website at http://www.calgunsfoundation.org/carry.
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.


SAF, CGF Score Ninth Circuit Victory in Richards Carry Case

FOR IMMEDIATE RELEASE: Wednesday, March 5, 2014

SAF, CGF Score Ninth Circuit Victory in Richards Carry Case


BELLEVUE, WA, and ROSEVILLE, CA – The Second Amendment Foundation and The Calguns Foundation earned a significant victory today when the Ninth Circuit Court of Appeals reversed and remanded the case of Richards v. Prieto, challenging the handgun carry license issuing policy of Yolo County, California, Sheriff Ed Prieto.
“Today’s ruling reinforces the Second Amendment’s application  to state and local governments, and will help clear the way for more California citizens to exercise their right to bear arms,” said SAF founder and Executive Vice President Alan M. Gottlieb. “California officials have been put on notice that they can no longer treat the Second Amendment as a heavily-regulated government privilege.”
The case was originally filed in 2009 as Sykes v. McGinness, and challenged not only Yolo County’s policies, but Sacramento County’s then-restrictive practices as well. SAF, Calguns and two private citizens, Adam Richards and Brett Stewart, continued pursuing the case against Yolo County after Sacramento County agreed to relax its policy. Plaintiffs are represented by attorneys Alan Gura and Don Kilmer.
“We are confident that the win today will stand the test of time,” said Calguns Foundation Chairman Gene Hoffman.
The Richards case was argued at the same time, and to the same panel, that earlier decided Peruta v. County of San Diego, a similar case challenging overly-restrictive carry license policies. Yolo County and Sheriff Prieto argued that their policies were distinguishable from those struck down in Peruta, but apparently, the three-judge panel unanimously disagreed.
“The Ninth Circuit's decision moves our Carry License Compliance Initiative forward,” explained CGF Executive Director Brandon Combs. “We’re already preparing the next phase of litigation to ensure that all law-abiding Californians can exercise their right to bear arms.”
Gottlieb noted that the battle over right-to-carry laws is far from over, but today’s Ninth Circuit decision reaffirms that court’s earlier ruling in the Peruta case and “moves the ball another step forward.”
“We will pursue Second Amendment affirmation wherever and whenever such cases are possible as SAF fights to win back gun rights one lawsuit at a time,” Gottlieb stated.
California carry license applicants can download state-standard application forms, legal information, and report unconstitutional policies or process issues at http://old.calgunsfoundation.org/carry.
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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.
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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DOJ Drops 28 Handguns from Roster after Firearm Manufacturers Back SAF, CGF Gun Lawsuit

FOR IMMEDIATE RELEASE: Monday, February 10, 2014

Calif. Dept. of Justice Drops 28 More Handguns from Roster after S&W, Ruger Back SAF, CGF Second Amendment Lawsuit

ROSEVILLE, CA and BELLEVUE, WA -- Law-abiding Californians are facing an increasing infringement on their Second Amendment right to keep and bear arms, say gun rights organizations Second Amendment Foundation and The Calguns Foundation.

28 handgun models in common use were removed from the handgun roster by the California Department of Justice since January 28, 2014, and are now unavailable to gun buyers, reports Calguns. Of those, 22 are manufactured by Smith & Wesson, Inc.

However, California gun owners have reason to be optimistic, say the groups. In a major development, firearm manufacturers Smith & Wesson and Sturm, Ruger & Co., Inc., have joined handgun maker Glock, Inc., in support of a federal Second Amendment civil rights lawsuit seeking to overturn the handgun regulation scheme commonly known as the “handgun roster.”

“SAF will be eternally grateful for the timely support from all three companies, which we believe strongly reinforces our case,” said SAF founder and Executive Vice President Alan M. Gottlieb.

In one of two new declarations filed with the trial court, Smith & Wesson CEO James Debney stated that “as a result of the microstamping requirement, Smith & Wesson is losing its ability to sell many of its semi-automatic handguns in California, as its handguns are forced off the roster [by the California Department of Justice].”

The lawsuit, filed by Second Amendment Foundation and The Calguns Foundation, seeks to overturn the entire roster scheme and restore the full handgun market to California consumers. The case is helmed by noted civil rights attorneys Alan Gura of Alexandria, Virginia, Donald Kilmer of San Jose, California, and Jason Davis of Mission Viejo, California.

In January, The Calguns Foundation published its report on the roster’s effects on the California handgun market, which illustrates that the roster is an effective ban on handguns in common use for self-defense. The report, based on the California Department of Justice’s own roster database, shows that an average of 59 semi-automatic handguns have been removed from the roster every year for the past decade. However, 58 handgun models have already been removed by DOJ since January 1 of this year, with many more removals expected in coming months.

No new semi-automatic handguns may be placed on the Roster due to the DOJ's enforcement of the “microstamping” requirement, which Calguns believes will lead to an increase in the rate of handgun removal. More, DOJ is apparently also requiring manufacturers to sign affidavits saying that no changes, even non-substantive changes in upstream components and suppliers, have been made since the handguns were submitted for testing.

“Californians cannot acquire safe and reliable handguns in common use throughout the United States because of the roster and microstamping regulations,” explained Gene Hoffman, Chairman of The Calguns Foundation. “The roster is nothing short of a gun ban that infringes on fundamental Second Amendment rights. We look forward to proving that in court.”

More information on the lawsuit, including the complaint, can be found at http://www.calgunsfoundation.org/2013/06/cgf-challenges-ca-handgun-microstamping-requirement-in-federal-civil-rights-lawsuit.

The Plaintiffs motion to supplement the record as well as the Ruger and Smith & Wesson declarations can be viewed at http://ia700204.us.archive.org/23/items/gov.uscourts.caed.191444/gov.uscourts.caed.191444.docket.html.

CGF’s California Handgun Roster report may be downloaded at http://www.calgunsfoundation.org/roster.

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. Supporters may visit www.calgunsfoundation.org/donate to join or donate to CGF.

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. Supporters may visit www.saf.org/join to join or donate to SAF.

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California’s Gun Confiscation Program Hits Firearm Owners Hard

FOR IMMEDIATE RELEASE: Friday, February 7, 2014

California’s Gun Confiscation Program Hits Firearm Owners Hard

Efforts by the California Department of Justice to disarm gun owners have led to apparent civil rights violations, gun group says.
ROSEVILLE, CA -- Following numerous reports of improper arrests and firearm seizures throughout California, Roseville-based gun rights group The Calguns Foundation has issued a new warning to gun owners in the Golden State.
“Gun confiscation efforts pushed by Attorney General Kamala Harris have apparently led to unconstitutional arrests of regular, non-prohibited gun owners as well as the seizure of their firearms and ammunition,” said Brandon Combs, the group’s executive director and creator of the Foundation’s DOJ Watch project.
California’s Armed Prohibited Persons System, or ‘APPS’, firearms confiscation program was funded in 2013 through Senate Bill 140, authored by state legislators including San Diego-based senator Joel Anderson (R-Alpine). SB 140 re-appropriated money paid by gun buyers for background checks to APPS law enforcement actions, including the one which took firearms from Bakersfield, California resident Michael Merritt.
“These frightening raids, often carried out by heavily armed DOJ agents and local law enforcement agencies, aren’t just hitting violent criminals,” noted Combs. “What a sad day it is when even elderly law-abiding people need to be on the lookout for Ms. Harris’ gun-grabbing goons.”
Should you be contacted by law enforcement, be polite but prepared to exercise your rights. For instance, should a warrant be served upon you, do not physically resist the officers but do remain silent and contact your attorney as soon as possible. Do not consent to any search and remember that you are not required to volunteer information or open locked containers.
As part of its ongoing efforts to defend gun owners from malicious and improper prosecutions, The Calguns Foundation operates a Help Hotline for firearms related legal issues. Should you be the target of the DOJ’s APPS gun confiscation efforts or any other firearms-related law enforcement encounter, detainment, or arrest while in California, the Foundation suggests the following:

● Never consent to a search

● Exercise your right to remain silent

● Contact CGF’s Help Hotline through the online form at www.calgunsfoundation.org/hotline or call (800) 556-2109, open 24/7/365

● If you need immediate legal assistance, please contact an attorney (some firearms attorneys are listed on the CGF Help Hotline web page)
Visit www.calgunsfoundation.org/hotline for more information about The Calguns Foundation’s Help Hotline and to submit requests for assistance on urgent firearms-related legal matters.
The Calguns Foundation 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. Supporters may visit www.calgunsfoundation.org/donate to join or donate to CGF.

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The Calguns Foundation Wins Handgun Carry Lawsuit Against the Los Angeles Sheriff’s Department and Sheriff Lee Baca

FOR IMMEDIATE RELEASE: Tuesday, January 14, 2014

The Calguns Foundation Wins Handgun Carry Lawsuit Against the Los Angeles Sheriff’s Department and Sheriff Lee Baca

The organization promises more lawsuits after latest Sunshine and Compliance Initiative court victory.

ROSEVILLE, CA -- In a decision released today that forces the Los Angeles County Sheriff’s Department to begin accepting and processing handgun carry license applications, Judge Deirdre Hill said that LASD must “consider the applications of all persons seeking a CCW permit in the first instance without requiring any applicant to first seek a CCW permit with his/her local police chief or city.”

The case, titled Lu v. Baca, was filed in 2012 by California-based gun rights organization The Calguns Foundation and a number of individual plaintiffs seeking to overturn an unlawful LASD policy that functioned as a de facto ban on handgun carry licenses for Los Angeles County residents.

“This decision means that all Californians need not jump through more hoops than those required under state law in order to apply for a handgun carry license and exercise their Second Amendment rights,” explained Gene Hoffman, the group’s Chairman.

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According to the Foundation’s executive director, Brandon Combs, the victory represents an affirmation of its legal strategy and presents new opportunities to advance gun rights in the Golden State.

“It’s long past time for sheriffs and police chiefs to adhere to the same laws they swore an oath to enforce, starting with the Constitution,” said Combs. “Hopefully they’re getting the message that our fundamental rights are not open to debate. We’ll keep filing lawsuits if that’s what it takes to restore Second Amendment freedoms in California.”

“I’m very pleased by the outcome,” said Charles Hokanson, the plaintiffs’ Long Beach-based attorney. “It is always positive to see the rights of law-abiding people vindicated as they were today in this decision.”

Earlier this month, CGF published two comprehensive reports on handgun carry licenses in the state, which can be viewed or downloaded for free at www.calgunsfoundation.org/carry.

Based on data from the California Department of Justice and other government sources, the Foundation’s reports show an increase of nearly 30,000 handgun carry licensees since it began efforts to make California “shall-issue” in May of 2009, when it and the Bellevue, Washington-based Second Amendment Foundation filed the first “right to carry” lawsuit in the nation since the United States Supreme Court’s historic D.C. v. Heller decision in 2008. CGF noted that it is currently awaiting a decision by the Ninth Circuit Court of Appeals in its federal Second Amendment carry lawsuit Richards v. Prieto, the filings for which can be found on CGF’s online Wiki at www.bit.ly/richards-v-prieto.

As reported on the Foundation’s website, CGF’s Carry License Sunshine and Compliance Initiative uses grassroots-funded research, publications, and litigation to:


  • Acquire and publish objective carry license statistics for evaluation and public scrutiny


  • Audit and publish the policies and practices of California’s licensing authorities


  • Acquire and publish carry license application records and other public documents that are or indicate the actual practices of California’s licensing authorities


  • Help carry license applicants through the maze of state laws and local rules


  • Force California’s licensing authorities to comply with state laws, legal precedent, and the United States Constitution

The Lu v. Baca decision can be viewed or downloaded at http://www.calgunsfoundation.org/?p=1828.

Those wishing to help make California “shall-issue” and support carry license reform can make a tax-deductible donation to The Calguns Foundation at www.calgunsfoundation.org/donate.

The Calguns Foundation (CGF) (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. Supporters may visit www.calgunsfoundation.org/donate to join or donate to CGF.

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DECISION:
[gview file="http://www.calgunsfoundation.org/wp-content/uploads/2014/01/14-0114-decision.pdf"]