When the U.S. Supreme Court agreed last year to hear a Second Amendment challenge to Washington D.C.'s ban on handguns, gun rights groups called it a step towards challenging California's gun laws.
Last week, the court overturned the D.C. ban. But
gun control groups and others say the court's ruling was too narrow to overturn any state laws.
Meanwhile, some in the gun-rights movement are urging people to be careful about
what lawsuits they file in the wake of Heller vs. D.C.
One thing no one contests is that the June 26 ruling in Heller vs. D.C. was a major victory for
gun rights groups. For the first time ever, the Supreme
Court ruled that "the right to keep and bear arms" was an individual right, as opposed to the collective
right of a "well regulated militia" that had held legal sway for decades.
This interpretation opens new legal avenues to challenge
gun laws. The very same day as the ruling, the NRA
filed suit to overturn gun bans in Chicago and San
Francisco.
But California is the real prize for many gun rights
advocates. The state has some of the most restrictive
laws in the country. It's also one of only a few states that doesn't have an individual right to bear arms written into
the state constitution, according to Gene Hoffman,
chairman of the Cal Guns Foundation.
"Heller has much more of an impact in California than
in a lot of other states," Hoffman said.
Cal Guns is mainly known for its website. It claims
about 40,000 regular visitors, who keep scores of active discussion
threads going. In May, Hoffman said, the foundation
incorporated as a non-profit in order to provide a base for legal challenges.
But he also added a caveat.
"What's more interesting in some ways is all the things they
aren't going to be on the radar," Hoffman said.
In his majority opinion, Justice Antonin Scalia identified
numerous limits on gun ownership that he said did pass
constitutional muster. According to his reading, Hoffman
said, it would be difficult to use to the ruling to
overturn waiting periods to buy guns or restrictions
against the sale of guns to felons or those guilty
of domestic violence.
The San Francisco case could be an important next step
in applying the Heller case to the state. The NRA is
challenging the San Francisco Housing Authorities ban
on owning a handgun in public housing. Chuck Michel,
the attorney representing the plaintiffs in the case,
said it will likely be an important test for the concept
of "incorporation." That is, does the Second Amendment apply to state
and local governments? If it does, that could open
up new legal avenues.
"The Heller decision only applies the Second Amendment
to the Federal Government," said Michel, a partner in the southern California
firm Trutanich and Michel. "This is the incorporation test."
Sam Paredes, executive director of Gun Owners of California,
outlined a more ambitious agenda than many. While his
group is still figuring out its next move, he envisioned
a large-scale rollback of California gun laws, including the
assault weapons ban and "gun safety" features reviled in the gun rights community, such
as the detachable magazine rules and loaded chamber
indicator.
"I think we got more than we expected," Paredes said of the ruling. "Not quite as much as we'd hoped, but it really changes the perspective on laws
being passed. We think it opens the door for use to
bring back a lot of our rights. We were way off in
left field here in California."
Irwin Nowick, a Senate Rules staffer credited with
writing much of the legal code Paredes wants to get
rid off, said the ruling will have little direct effect
on state laws.
"You have the right to keep a registered handgun on
your own property," Nowick said. "Big deal. They endorsed the California system of registration."
Nowick said that the legal challenges will either be
less than some expect, or will fizzle out. Lawsuits
take money, he said, noting that the Heller case was
bankrolled by Bob Levy. A wealthy former Cato Institute
fellow, Levy has already said that he has no plans
to fund further gun lawsuits.
Still, gun control groups are also getting ready for
what they say will likely be an onslaught of legal
challenges to gun laws. Juliet Leftwich, senior counsel
at the San Francisco-based Legal Community Against Violence, said they are
planning on sending out an appeal next week to their
hundreds of member attorneys to find those who are
willing to work pro bono to defend gun laws. Dozens
have already said they will contribute their time.
She said she's confident that when smoke clears, little will have
changed. "I would think that most of our existing state laws
are on firm legal ground," Leftwich said. She added, "Which of course isn't the say that the gun lobby isn't going to file suit challenging these laws."
The Heller decision could also have implications for
a pair of gun bills currently in the state legislature.
AB 2062 from Assemblyman Kevin De Leon, D-Los Angeles, D-Los Angeles, would place new restrictions and reporting
requirements on ammunition sales. SB 327 from Senator Carole Migden, D-San Francisco, would create stronger firearms registration
rules. Both concepts would likely face 2nd Amendment challenges if they become law.
Nowick said that the decision actually endorsed De
Leon's bill because it noted that it is acceptable to restrict
sales to the group's the bill targets, such as felons and the mentally
ill. SB 327, he said, actually provides protections to gun owners
by preventing them from being listed as the registered
owner of a gun they never actually took possession
of and is not opposed by the NRA.
Another potentially important suit currently before
the courts is the Nordyke vs. King gun show case. This
is a challenge to Alameda County's ban on gun shows on county property that has gone
through numerous courts since 1996. It currently sits in front of the federal 9th Circuit for the second time.
