[Sign Up Now] to Receive Our FREE Daily SCVTV-SCVNews Digest by E-Mail

Inside
Weather
Santa Clarita CA
Clear
Clear
60°F
 
Calendar
Today in
S.C.V. History
August 7
1901 - Giant meteor seen over SCV skies; possibly makes landfall in Bouquet-Texas canyon area [story]
meteor


SACRAMENTO – Emboldened by a string of recent favorable federal court rulings, gun rights advocates now aim to overturn California’s longstanding open-carry laws.

Two men from rural Northern California counties say they’ve been denied open-carry permits by local authorities and can’t even begin to start the application process because the state doesn’t give sheriffs the necessary forms. They believe California’s laws, which require applicants to demonstrate “good cause,” amount to a de facto ban and note that the state hasn’t issued an open-carry license since the law went into effect in 2012.

On Wednesday, the two men argued in federal court that the public safety laws infringe on their constitutional and “God-given” right to travel and be in public with loaded firearms.

“The state has taken a broad-brush approach and banned the right to bear arms,” said Amy Bellantoni, attorney for plaintiffs Mark Baird and Richard Gallardo.

The Siskiyou and Shasta county residents sued California Attorney General Xavier Becerra this past April in federal court, claiming the state laws violate the Second and Fourth amendments.

Their case, and several others, could impact California and the few remaining states that restrict or prohibit the open carrying of firearms. California is one of five states that prohibit carrying guns in public, as do Florida, Illinois, New York, South Carolina and the District of Columbia.

While California law does allow counties with fewer than 200,000 residents to issue open-carry permits, it leaves the decision up to local police chiefs and sheriffs. The plaintiffs say the population requirement is unfair and that the law gives local law enforcement too much discretion.

Under the law, local law enforcement “may issue” an open-carry permit if the applicant is of “good moral character” and “good cause” exists.

During a court hearing Wednesday in downtown Sacramento, the state’s lawyers said California’s open-carry laws are “firmly rooted in history” and enacted to protect public safety. They argued that the Second Amendment doesn’t give Americans an “unconditional right” to carry guns in plain view and cite the landmark U.S. Supreme Court case, District of Columbia v. Heller.

Matthew Wise, deputy attorney general, told the court that the plaintiffs’ lawsuit is an “overreach” and called two of their declarations “misleading and false.”

California has enacted some of the nation’s strictest gun laws over the decades, but many are being challenged in federal courtrooms. Groups are currently challenging open-carry, magazine capacities, ammunition background check and age-based restrictions.

The open-carry lawsuit was filed just days after a gun rights advocates scored a major victory when a federal judge tossed California’s voter-approved ban on high-capacity gun magazines over 10 rounds.

“The Second Amendment does not exist to protect the right to bear down pillows and foam baseball bats. It protects guns and every gun is dangerous,” U.S. District Judge Roger Benitez, a George W. Bush appointee, wrote.

In addition, a Ninth Circuit panel ruled in July 2018 that carrying guns in public is a constitutional right. The court shortly after decided to revisit the decision and announced an en banc hearing. The court has since stayed the hearing pending an opinion by the U.S. Supreme Court in New York State Rifle & Pistol Association Inc. v. City of New York.

The Supreme Court announced Monday it will hear the New York case in December, setting up its first gun-rights case since Heller in 2008.

U.S. District Judge Kimberly Mueller acknowledged the high-profile cases pending in higher courts could impact the Sacramento case, and asked whether the plaintiffs were “laying the foundation” for another.

“It’s hard not to see this as one of those cases,” Mueller said.

The judge, a Barack Obama appointee, asked the plaintiffs’ lawyer to explain how California’s process is denying access to open-carry permits.

“There is no procedure, that’s the problem,” responded Bellantoni. “The statutes provide no procedure.”

Bellantoni claims the state doesn’t provide sheriffs forms or information regarding open-carry permits even if they wanted to issue one, and called the population requirement subjective.

Mueller said she would issue a written order on both motions as quickly as she can and raised the possibility that she may stay the case pending the related matters. Baird and Gallardo seek a preliminary injunction and while the state seeks dismissal.

— By Nick Cahill

Comment On This Story
COMMENT POLICY: We welcome comments from individuals and businesses. All comments are moderated. Comments are subject to rejection if they are vulgar, combative, or in poor taste.
REAL NAMES ONLY: All posters must use their real individual or business name. This applies equally to Twitter account holders who use a nickname.

1 Comment

  1. SAm says:

    you want to carry? go to a state that lets you practice Constitutional carry. Why should you have to beg the government for permission to exercise a right? Better yet…. Why wont the US Supreme Court rule on the meaning of the 2A? I think both anti and pro gun organizations pay them under the table to never rule on it because both sides would lose a tremendous amount of money…. Please prove me wrong on this belief….

Leave a Comment


SCV NewsBreak
LOCAL NEWS HEADLINES
Thursday, Aug 6, 2020
Thursday COVID-19 Roundup: L.A. County Surpasses 200,000 Cases, 4,597 Cases in SCV
The Los Angeles County Department of Public Health confirmed Thursday more than 200,000 confirmed COVID-19 cases in Los Angeles County.
Thursday, Aug 6, 2020
Update: Forward Progress on #TexasFire Stopped at 10% Containment
A 150-acre brush fire in Saugus prompted road closures and evacuations Thursday afternoon.
Thursday, Aug 6, 2020
Stevenson Ranch Resident, Grammy-Winning Producer Arrested on Sexual Assault Charges
Stevenson Ranch resident and Grammy-winning music producer Detail was arrested Wednesday on suspicion of more than a dozen sexual assault charges, according to the Los Angeles County Sheriff’s Department.
Keep Up With Our Facebook

Latest Additions to SCVNews.com
1901 - Giant meteor seen over SCV skies; possibly makes landfall in Bouquet-Texas canyon area [story]
meteor
College of the Canyons is widely recognized as a leader in the innovative development of distance and online education, as well as zero cost textbooks for our students.
COC Excels in Online Teaching | Dr. Dianne G. Van Hook
The Los Angeles County Department of Public Health confirmed Thursday more than 200,000 confirmed COVID-19 cases in Los Angeles County.
Thursday COVID-19 Roundup: L.A. County Surpasses 200,000 Cases, 4,597 Cases in SCV
SCV Water received a statewide award from the California Association of Public Information Officials (CAPIO) for its ongoing communication efforts surrounding per- and polyfluoroalkyl (PFAS) chemicals
SCV Water Recognized for PFAS Communication Efforts
SACRAMENTO — State Superintendent of Public Instruction Tony Thurmond announced Wednesday that the California Department of Education (CDE) is collaborating closely with Apple and T-Mobile to connect up to 1 million students in need as most schools across California expect to begin the next school year in distance learning.
California Education Department to Collaborate with Apple, T-Mobile to Connect Students in Need
The Alzheimer’s Association is inviting Santa Clarita Valley residents to join the fight to end Alzheimer’s by participating in the Alzheimer’s Association Walk to End Alzheimer’s on Saturday, Oct. 3.
Walk to End Alzheimers Adds New Mobile App Features
A 150-acre brush fire in Saugus prompted road closures and evacuations Thursday afternoon.
Update: Forward Progress on #TexasFire Stopped at 10% Containment
Boys and Girls Club, Renee Marshall, JCI, LoveSCV, the city of Santa Clarita and other community sponsors are all working together to bring positive community engagement to 300 SCV elementary school, junior high and high school students (ages 5-18) each week for the first 3 weeks in August, beginning Thursday, Aug. 6
Boys & Girls Club, Community Sponsors to Hold Back-to-School Peace Bag Giveaway
As we remain focused on keeping our customers, staff and community safe, SCV Water is pleased to announce our new virtual gardening class offerings.
Aug. 8: SCV Water’s Sustainable Landscaping Virtual Gardening Class
Dedeaux Properties in a joint venture with Stockbridge Capital Group has acquired a vacant 214,436-square-foot warehouse and distribution center in Santa Clarita for $28.4 million.
L.A.-Based Developer Acquires Santa Clarita Distribution Facility for $28.4M
Stevenson Ranch resident and Grammy-winning music producer Detail was arrested Wednesday on suspicion of more than a dozen sexual assault charges, according to the Los Angeles County Sheriff’s Department.
Stevenson Ranch Resident, Grammy-Winning Producer Arrested on Sexual Assault Charges
As the pandemic progresses, more and more businesses have been given the green light to begin reopening. While some businesses have opened — and closed again as reopenings were rolled back — others deemed “high risk” have yet to see any reprieve.
‘High-Risk’ SCV Businesses Still Waiting for Reopening Date, Guidelines
SACRAMENTO - State Sen. Scott Wilk, representing the 21st Senate District, announced Thursday that the Assembly Committee on Public Safety passed Senate Bill 409 (SB 409), a measure Wilk authored to crack down on illegal dumping.
Public Safety Committee Passes Wilk Bill Combatting Illegal Dumping
1892 - Western actor and Saugus rodeo owner Hoot Gibson born in Nebraska [story]
Hoot Gibson
Brittany Klocko, a former Santa Clarita resident and a graduate of William S. Hart High School, has been selected Miss Texas United States 2020.
Hart High Grad Brittany Klocko Selected Miss Texas United States 2020
Los Angeles County Public Health on Wednesday confirmed 68 new deaths and 2,347 new cases of COVID-19 countywide, with the 18-49 age group making up nearly 60% of these new cases.
Wednesday COVID-19 Roundup: 30-49 Age Group Driving New Cases; SCV Cases Total 4,529
The Santa Clarita Valley Chamber of Commerce has launched its "Election Watch 2020" webpage, which will feature candidate endorsements, upcoming candidate forums, and the Chamber’s official positions on the business-related ballot measures for the November election.
SCV Chamber Launches ‘Election Watch 2020’ Webpage
State Superintendent of Public Instruction Tony Thurmond recently outlined ways in which the California Department of Education is helping schools implement and strengthen distance learning
California Boosts Distance Learning, Sets Timeline for Ethnic Studies Model Curriculum
The Los Angeles County Board of Supervisors voted Tuesday to take the first steps toward creating a new county department dedicated to serving older adults and adults with disabilities.
L.A. County Moves to Create New Department for Older, Disabled Adults
A virtual meeting of the SCV Water Engineering & Operations Committee is scheduled for Thursday, August 6, at 5:30 p.m.
Aug. 6: SCV Water Engineering & Operations Committee Meeting
Firefighters managed 60% containment on the Elsmere Fire in Newhall as of Wednesday morning, while Caltrans worked to repair guardrails that burned.
Elsmere Fire Scorches 160 Acres, 60% Contained
The Los Angeles County Board of Supervisors voted 4-1 Tuesday in support of a ballot measure that would repeal a portion of Proposition 13, with Supervisor Kathryn Barger casting the dissenting vote.
Supes Back Prop. 15 Split Roll Measure Over Barger’s Oppostion
The husband of Los Angeles County District Attorney Jackie Lacey faces misdemeanor charges stemming from an incident in which he pulled a handgun on Black Lives Matter activists who rallied outside his home seeking a meeting with the DA.
Husband of L.A. County DA Charged for Pulling Gun on Protesters
The nonprofit Santa Clarita Veteran Services Collaborative will hold a memorial walk fundraiser on Saturday and Sunday, August 22-23.
Aug. 22-23: Santa Clarita Veterans Collaborative to Host Memorial Walk Fundraiser
%d bloggers like this: