In response to continuing complaints from Orange County firearms owners and Second Amendment civil rights activists, attorneys for the National Rifle Association and the CRPA Foundation have filed a lawsuit against Orange County Sheriff Sandra Hutchens in U. S. District Court.
Orange County California citizens should be able to exercise their fundamental right to bear arms, but they are precluded from doing so because they do not have what Sheriff Hutchens uniquely considers “good cause” for a license to carry a firearm in public. Before Hutchens became Sheriff, the Orange County Sheriff routinely issued handgun carry licenses for personal protection to law abiding citizens.
During the first few months after her appointment as Sheriff-Coroner, her department sent letters to many concealed weapon permit holders, indicating their intention to revoke those permits. The form letters said “The Department has determined that your identified risk does not meet the good cause threshold as required under the new CCW policy based upon the information you provided. As a result of this determination, the Department’s present intention is to revoke your CCW license.”
Hutchens states that her reason for the revocation was that she believed “the prior administration stretched good cause” when it issued concealed carry permits. Many counties in California, especially rural counties such as nearby San Bernardino County, consider a desire for personal protection to be sufficient good cause.
Banning open-carry in California any form occured last year. The Democrat Legislature and hoplophobes got what they wanted. But this also opened the door for Heller lawsuits in federal court. I think that it will be a long court battle, but eventually California will have to go “shall-issue” as a result of banning all handgun carry.
The lawsuit seeks to compel her to issue those licenses, and asks the Court to enjoin Sheriff Hutchens from requiring license applicants to prove they have a special need, beyond the general need to defend themselves and their loved ones, for a license to carry before she will issue them one.
Just days after having filed the Complaint, plaintiffs filed a motion for preliminary injunction asking the Court to order Sheriff Hutchens to cease withholding permits. A copy of the Complaint and Motion for Preliminary Injunction is available here
The Constitution shall never be construed … to prevent the people of the United States who are peaceable citizens from keeping their own arms. – Samuel Adams