Oral arguments in McDonald are tomorrow. A win in McDonald lets the Calguns Foundation (and Second Amendment Foundation) file suit to overturn California’s gun laws as unconstitutional. First up is Sykes, which should result in California becoming a “shall-issue” concealed-carry permit state. Some in the gun-rights movement have pooh-poohed the “chipping away by lawsuit” method of securing our rights. Wanna see how this will work after a victory in Sykes, for example? Gene Hoffman, Chair of the Calguns Foundation [CGF], lays out the roadmap. If you’re seeing parallels to the ol’ “Eyes on the Prize” civil-rights movement strategy, you’re spot on:
Assume post Sykes/Palmer win. So you go to your local sheriff and apply [for a CCW permit]. If he denies you, you call CGF. We look at the reason for denial (he’ll have to write it down.) If it’s cause you’re a child molestor – best of luck, hire a lawyer. Anything that is just political BS, game on.
We’ll call the local lawyer. He’ll write county counsel a letter that says Sykes controls. County counsel will realize he’s going to lose if we’re forced to file. Let’s imagine County Counsel is a moron or San Francisco. We file for a TRO and Permanent Injunction, cite Sykes and get on the calendar in Federal court in the next 3-7 days. The TRO will be granted and off the PI will often be granted as well. Both command the Sheriff to issue you your permit or US Marshalls [sic.] will come and arrest the Sheriff and take him to a Federal jail on contempt (or in the alternative, fine him personally – Federal judges are not to be messed with.) At that point, the County pays for all legal fees expended by CGF (or you.) Once you have on point controlling case law, these things get done fast and on the County’s dime.
County Counsel understands these things, hence they never go there. Today, there is no on point binding Federal Court precedent… Give us a few more months.
Sykes will be that on-point binding Federal Court precedent, and the case is already filed, just on hold pending the decision in McDonald.
That same roadmap will be used following each lawsuit victory striking down other California laws, including the “safe handgun roster” and “assault weapons ban.” I, for one, can’t wait.
The Calguns Foundation is spending tens of thousands of dollars a month in legal fees to protect the rights of gun owners across the country. Please donate.