Firearms Cases

Sheriff Clay Parker v. State of California
Represented ammunition vendors and shippers, law enforcement, and individual consumers challenging controversial statewide legislation (AB 962) requiring law-abiding individuals to provide private personal information and a thumbprint for every purchase of “handgun ammunition” and prohibiting mail order and internet purchases of “handgun ammunition.” The Court ruled that AB 962 was unconstitutionally vague on its face and enjoined enforcement of the statutes as enacted. The case received significant media coverage:

Locked and Loaded: The American Gun Control Debate, City On A Hill Press (Feb. 24, 2011)
AB 962 Web News, Examiner.com (Jan. 29, 2011)
Formal Injunction Against Enforcement of California Ammunition Sales Ban Regulations Issued, Ammoland.com (Jan. 24, 2011)
California Handgun Ammunition Rules Shot Down, Orange County Register (Jan. 20, 2011)
Judge Rules California Ban On Some Handgun Ammunition Unconstitutional, CBS – San Francisco (Jan. 19, 2011)
Calif. Handgun Ammo Rules Thrown Out, Associated Press (Jan. 19, 2011)
California AB962 Found Unconstitutionally Vague, No Lawyers – Only Guns and Money (Jan. 18, 2011)
Win In Suit Against California Ammunition Law, Of Arms & the Law (Jan. 18, 2011)
нтиконституционный закон отменен, Путешествие длиною в жизнь (Apr. 2011)

Peruta v. County of San Diego
Ongoing lawsuit challenging San Diego’s strict “good cause” requirements for obtaining a permit to carry a concealed weapon (CCW). This case of first impression addresses whether the right to “bear” arms includes a right to carry a handgun in public. It also alleges favoritism by the San Diego Sheriff in issuing CCW permits on equal protection grounds. The case received significant media coverage:

Group Sues County and Sheriff Over Concealed Weapon Permits, San Diego Union-Tribune (Nov. 27, 2010)
More Evidence of Police Favoritism in Peruta v. San Diego Gun Case, Examiner.com (Oct. 20, 2010)
Peruta v. San Diego Case Likely Delayed, Examiner.com (Oct. 6, 2010)
Brady Center: Fed Court Must Uphold California Gun Law, OpposingViews.com (Oct. 5, 2010)

McDonald v. City of Chicago
Authored amicus brief in United States Supreme Court on behalf of 34 California elected District Attorneys, various law enforcement groups, and others. This case resulted in the Second Amendment being “incorporated” to limit state and local government infringement. The case received significant media coverage.

Guy Montag Doe v. San Francisco Housing Authority
Challenged San Francisco Housing Authority’s ban on the possession of firearms by public housing residents. The strategic litigation was filed to secure a ruling that the Second Amendment limited state and local governmental infringement on the right to keep and bear arms. Rather than litigate, San Francisco repealed the gun-banning policies. The case has since been used as precedent in fighting bans on lawful gun possession in public housing across the country. The case received significant media coverage:

San Francisco Housing Authority Settles Gun Lawsuit, SFGate.com (Jan. 14, 2009)
NRA Eyes More Targets After D.C. Gun Ban Win, National Public Radio (June 29, 2008)
NRA Sues S.F. Over Guns In Public Housing, SFGate.com (June 28, 2008)
NRA Sues San Francisco Over Its Handgun Ban , The Washington Post (June 28, 2008)
NRA Files Suit to Overturn SF Handgun Ban, ABC 7, KGO-TV San Francisco (June 27, 2008)
NRA Sues to Overturn San Francisco’s Handgun Ban, Fox News (June 27, 2008)

Hunt and Vroman v. Lockyer
Two elected District Attorneys and others sued to invalidate or clarify the state’s so-called “assault weapon” law in this unprecedented prosecutor vs. prosecutor lawsuit. The case got the attention of police and prosecutors throughout the state, many of whom then recognized that the law’s vague terms were impossible to understand. Many prosecutions were avoided, valuable discovery obtained, and many vague interpretations were clarified in favor of gun owners as a result of this case. The case was settled in light of imminent pending Second Amendment challenges to these laws. The issue received significant media attention.

Heller v. District of Columbia
Co-Authored amcius brief to the United States Supreme Court on behalf of 29 California elected District Attorneys, various law enforcement groups, and others. This case resulted in the Supreme Court’s acknowledgment that the Second Amendment protects a fundamental individual right to self-defense. The case received significant media coverage.

Fiscal v. City and County of San Francisco
Brought suit to invalidate “Prop H,” a ballot initiative that banned civilian residents of San Francisco from possessing handguns and also banned the sale, transfer, and/or distribution of all firearms and ammunition within the city. In June 2006, the Superior Court invalidated the ordinance on preemption grounds. The City appealed and lost in a published opinion which clarified California’s preemption doctrine as applied to local firearms regulations and serves as current leading precedent on the subject. (158 Cal. App. 4th 895 (Ct. App. 2008).) The City paid back $380,000 to NRA in attorney’s fees. This victory received significant media coverage and made international news. The Firm thanks all those who participated in and supported this victory.

State High Court Shoots Down S.F. Handgun Ban, SFGate.com (Apr. 10, 2008)
Municipalities Can’t Ban People from Owning Handguns, Court Rules, SFGate.com (Jan. 10, 2008)
Judge Invalidates Prop H Handgun Ban, Ruling Says Measure Intrudes on Area Regulated by State, SFGate.com (June 13, 2006)

Kasler v. Lungren
Represented a consortium of law professors, doctors, law enforcement officers, and Colt Manufacturing in a civil lawsuit against the State of California, challenging the constitutionality of the 1989 Roberti/Roos ‘Assault Weapons’ Control Act.” The Third District Court of Appeal ruled that AWCA is unconstitutional. In its 51 page decision, the Court held that the list of firearms deemed “assault weapons” was vague and violated constitutional equal protection principals and that other provisions of the Act allowing guns to be added to the prohibited list violated constitutional due process and separation of powers requirements. The California Supreme Court heard the case and overturned the decision of the Court of Appeal. A renewed challenge is pending in light of subsequent Supreme Court Second Amendment decisions.

Miller v. Sacramento
Challenged Sacramento’s ban on the sale of affordable self-defense handguns on preemption grounds. The ordinance was repealed while an appeal was pending.

CRPA v. West Hollywood
Challenged West Hollywood’s ban on the sale of affordable self-defense handguns. In 1993, the Second District Court of Appeals ruled the California preemption statute did not bar these laws, but subsequent cases such as the Fiscal decision have essentially nullified this incorrect ruling. The ordinance was ultimately repealed at our insistence. (66 Cal. App. 4th 1302 (Ct. App. 1998).)

Doss v. Lungren
This lawsuit sought an injunction against District Attorneys in Los Angeles and Santa Clara and the California Department of Justice (DOJ) from prosecuting people who possessed SKS “Sporter” rifles. Between 1991 and 1997, thousands of SKS “Sporter” rifles were sold in California with the explicit approval of the DOJ, which had declared the rifles legal. As a result of this litigation and the political response, an unprecedented retroactive immunity bill (AB 48) and state funding to buy back these rifles was passed.

McGee v. City of Los Angeles
Suit challenged LAPD’s policy of seizing guns without legal justification and refusing to return them although they had no legal right to keep them. LAPD revised its policy in response to the suit, but this continues to be a problem throughout California, particularly in urban areas.

B&B Sales v. City of Los Angeles
Challenge to a Los Angeles city ordinance prohibiting the “sale or transfer” of magazines that hold over ten rounds. The ordinance contained no exception for the motion picture industry and firearms museums, so the ordinance would have put the movie industry out of business in Los Angeles. Plaintiffs joined with the American Entertainment Armorer’s Association, demanding an exemption to the ordinance. The ordinance was amended. The ordinance was then superseded by state law. The case made national news and was covered by Variety and the Hollywood Reporter.

Gun Dealers See Biz Beef in LA Fire Clip Ordinance, Variety Magazine (Nov. 16, 1997)
Lawsuit Targets Gun Control Ordinance, L.A. Times (Nov. 15, 1997)

Nordyke v. County of Alameda
Challenges a gun show ban in Alameda County. Provided logistical and research support and represented the NRA and CRPA filing multiple amicus briefs since the case was filed in 1999.

Tudesko v. Glenn County Board of Education
Seventeen-year-old Gary Tudesko went duck hunting before school and, since he was aware of Willows High School’s zero-tolerance policy regarding firearms on campus, parked his locked truck containing his unloaded hunting firearms off campus. Tudesko was expelled from school, despite the fact that he broke no laws. Assisted Tudesko on appeal to the County Board of Education. The expulsion was reversed, and Gary went back to school with his record expunged. The matter received significant media attention:

The Confounding Case of Gary Tudesko, ESPNOutdoors.com (Jan. 16, 2010)
NRA and CRPA Foundation Assisting High School Student with Appeal of Expulsion for Having Unloaded Shotguns in Off-Campus Truck, NRAILA.org (Dec. 18, 2009)