By C.D. Michel and Kostas Moros
The landmark Bruen ruling was a huge win for gun owners across the country, but as we’ve seen repeatedly, Supreme Court rulings alone are not self-enforcing. It still takes work to pressure the government at all levels to comply. Enforcing Bruen is no exception.
Thankfully, the California Rifle & Pistol Association (CRPA) developed good working relationships with most Sheriffs in California in the last ten years or so. Many of these Sheriffs were effectively “shall issue” already — largely because of CRPA’s lobbying efforts after the persuasive decision in CRPA’s Peruta v California case came down in 2015.
After the Bruen decision last June, CRPA launched a statewide legal education and compliance program that advised all Sheriffs and Police Chiefs of their new legal obligations. Many were thankful for the advice and guidance offered from CRPA’s legal team, and quickly made adjustments to their issuance process.
While most counties in California were effectively shall-issue even before Bruen, a handful of jurisdictions concentrated around the coastal cities were not. They have always been hostile to public carry rights, and those counties largely resisted or slow-walked issuing permits since the Bruen ruling. But CRPA has been holding them to their Constitutional obligations, and, through the CRPA’s CCW Reckoning Project, and the promise of litigation if they don’t comply, we have made significant gains in getting them to abide by the Constitution.
Since that Peruta ruling, and thanks in part to CRPA’s efforts, the number of CCWs estimated in California rose from about 100,000 to about 220,000 at the time of the DOJ’s shameful leak of CCW data last year. Since Bruen, that number has risen to over 300,000. But many more people want CCWs, and with California’s population, that number should be well over 1 million.
Alameda used to say on its website that “having a CCW license is a privilege, not an entitlement, and the Courts have ruled that a California CCW license is not guaranteed to all persons under the 2nd Amendment of the United States.” Our lawyers sent newly-elected Sheriff Yesenia Sanchez a letter with a draft lawsuit back in January, telling her that the case would be filed if a number of changes weren’t made. The Alameda Sheriff complied and agreed to provide monthly permit-issuance statistics, and also agreed to eliminate a plethora of unconstitutional requirements including:
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- requiring applicants to furnish photographs of their firearm storage;
- inquiring about home security and cameras;
- asking for the number and storage location of the applicant’s firearms;
- asking for information about the people who live in the applicant’s home and the layout of that home;
- requiring proof of income;
- asking where an applicant intends to carry; and
- limiting CCW permits to a single firearm provided the applicant qualifies for each firearm.
Since then, dozens of permits have been issued to regular citizens in Alameda, including several CRPA members. CRPA continues to monitor and seek change on other issues in Alameda, such as an onerous psychological exam as well as long processing times.
Santa Clara is another example. The former Sheriff was entangled in a “pay to play” CCW permit issuance scandal, so the county was initially slow to ramp up permit issuance. But thanks to consistent pressure from CRPA, that has changed. Facing a huge backlog of applicants, the county recently conducted an interview “clinic” in which hundreds of applicant interviews were conducted over a single weekend. This cleared a significant bottleneck in the application process. Santa Clara will continue to provide regular monthly updates on its permit issuance as part of an agreement with CRPA.
Even San Francisco has approved its first CCW permit applications in decades following pressure from CRPA, although only a couple of individuals have actually received permits as of this writing. We are also challenging the City’s extremely onerous psychological exam requirement, which takes several hours to complete and is only administered on week days. San Francisco continues to be a focus for CRPA and a work in progress. They will likely pass an ordinance that designates most of the city as a “sensitive place” where CCWs are invalid – in direct conflict with Bruen’s mandate. They are now high on our lawsuit target list. In fact, we love suing San Francisco!
CRPA has also been in regular communication with Sheriff Livingston of Contra Costa County. He has been issuing permits at a steady clip in recent months, but still has a significant backlog to get through. CRPA attorneys have reached out to him again about odd rules he places on guns that are carried, such as barring the use of lights and red dot sights. A couple of CRPA members have reported that they were denied by the county with no explanation, and we await the Sheriff’s response to our questions about that as well.
Los Angeles County has the most potential CCW holders and has been a major frustration to many CRPA members due to its extremely long wait times, which often exceeded a year. Sheriff Luna responded to CRPA’s demand for improvement by saying that his Department’s adoption of the Permitium application processing software will greatly speed things up. Many jurisdiction use Permittium to assist with processing CCW applications, and as of this writing, Permitium has gone live in LA County. CRPA will continue to stay in touch with applicants and push the Sheriff to make sure things are actually moving much faster.
Finally, CRPA is aware that several cities, particularly in the Los Angeles County area, are charging exorbitant amounts for CCW permits. Thanks to a letter from CRPA as well as resident backlash, La Verne slightly lowered its total fees, but only marginally, from $1081 to $936. Other cities like Long Beach, Santa Monica, and Morgan Hill have similarly high application fees. They are also high on the lawsuit target list.
CRPA knows that letters and lobbying can only go so far, and sometimes nothing short of litigation will work. Litigation on the issues of long wait times, unconstitutional requirements, and exorbitant fees is likely soon.
Meanwhile, Gavin Newsom’s pet bill – Senate Bill 2 is making its way through the state legislature and would replace some of these bad local practices and policies with bad statewide mandates. CRPA is actively working to defeat the bill, but this is the centerpiece of the state’s effort to get around the mandates of the Supreme Court’s Bruen decision and it will be hard to stop. A lawsuit has already been drafted and will be filed before the ink on Newsom’s signature is dry. Please support the cause!
To support CRPA’s efforts, visit CRPA.org
C.D. “Chuck” Michel is Senior Partner at the Long Beach, California Law firm of Michel & Associates, P.C. He is the author of California Gun Laws, A Guide to State and Federal Firearm Regulations now in its 10th edition for 2023 and available at www.calgunlawsbook.com.
Konstadinos Moros is an Associate Attorney with Michel & Associates, a law firm in Long Beach that regularly represents the California Rifle & Pistol Association (CRPA) in its litigation efforts to restore the Second Amendment in California. You can find him on his Twitter handle @MorosKostas. To donate to CRPA or become a member, visit https://crpa.org/.
The only thing this government in California is interested in. Is issuing you “free needles” and “free medical marijuana”, “free condoms” , and the freedom from being arrested for urinating and defecating in public.
As well as the freedom from being arrested for shoplifting under $950. And of course being able to commit sex acts in public.
Rural California is always wear your civil rights were more likely to be supported. Which is why the big city g@y liberals passed a law, that prevented the rural schools from allowing guns on their campus.
In order to garner public support for Gun Control the media concocts nonstop hate for The Second Amendment. That’s the daily program because some Gun Talkers like to finger point and say just enough not to draw too much attention to themselves.
The clown show needs to end. If you are a gun owner and you cannot get off your blowbag behind and ask 10 people to Define Gun Control then go take up knitting. The fact is most people are Gun Control History illiterates yet they know full well what Gun Control’s sidekick “noose” means according to its History…Ask them to define, “noose.”
The only thing that blocks the easy sale of Gun Control is the public knowing The History of Gun Control…Outhouse lawyers and courts will always keep the History of Gun Control off the table so the ball is in the Gun Owner’s court.
Unfortunately there are some jackasses on this forum that need their noses rubbed on the steps of a Holocaust museum and a noose put around their necks to comprehend the History of Gun Control. A history that is nowhere between the ears of televised crowds marching around begging for Gun Control…An agenda the public overall knows nothing about which clearly suits the fancy of the barking at History chumps muckmouth, oldshtgeoff, aq, void et al.
TLDR old bat yelling at clouds yet again.
void-noid…go straight to hell, do not pass go, do not collect $200.
That’s better, effective communication with a bit of wit. You may get as good as Miner if you keep it up. Now go read up on some basic history so you can figure out how retardedly myopic you are.
To debbie w
It has been white h0m0sexual lawmakers who have been writing, and passing, gun control laws long after the passage of the Mulford Act. And in fact they have publicly endorsed the Mulford act. And declared they want to keep it on the books.
And sent you bring up the holocaust. It should be noted that the Mulford Act was cowritten by a Jewish lawyer. A Polish immigrant man who was a member of the ACLU board of directors.
chris…Gun Control belongs to the democRat Party as much back then as it does today…family tradition.
The third reich erased the democRat Party Jim Crow negro and inserted Jew…Gun Control soros is Jewish too which for your lame argument means not a damn thing when weighed against millions of Jews, etc. who perished in the Holocaust.
Now it’s your turn to man up and ask 10 people to Define Gun Control and post your findings.
Ronnie Reagan signed the Mulford Act, a law passed specifically because legislators were afraid of armed Black Panthers in the halls of the Capitol.
…The Mulford act was a bipartisan bill that sailed through the democrat majority legislature with a veto-proof margin that only Republicans voted against.
If the Mulford act was so racist, why haven’t the super-totally-not-racist clowns of the democratic party that have had numerous super majorities since not repealed it?
“Since Bruen, that number has risen to over 300,000. But many more people want CCWs, and with California’s population, that number should be well over 1 million.”
Over 2 million, if Florida’s carry permit stats apply out there. Over 10 percent of Florida’s population (2.61 million permits, 21 million total population) have carry permits, and permits will not be required in about 1 week’s time.
And for some strange reason, the only streets running red with rivers of blood are in the cities and states that hate their citizen’s right to self-defense… 🙁
(Have I mentioned lately just how much I despise the Leftist Scum ™ that get hard and wet ruling over their citizens with an iron fist of contempt ??? )
oldsht…By your own words against POTUS DJT and his voters You are what You claim to disdain.
Inquisitor Debbie at it again smite the heretic and purge the nonbelievers.
That’s all the bitter old shrew has, Void… 🙂
dan and i use japanese carrier pigeons to relay my comments. direct descendants of hirohito’s atomic chickens.
funkalicious, baby maggot brain.
“oldsht…”
Looked in the bathroom mirror recently?
You’re far from a spring chicken, dearie. 🙂
“By your own words against POTUS DJT and his voters You are what You claim to disdain.”
Behold, this is what a slide into insanity looks like. Study it carefully…
My own CCW (L.A. County issue, under former Sheriff Villanueva) will be up for renewal next year (valid only two years here instead of the usual five to seven). My own application and interview were before Bruen, so I had to go through the former “good character” policy. Now, however, we have uber-Left new Sheriff Luna, and he has openly stated in the past he doesn’t support non-sworn citizens carrying guns for any reason. I personally know two current CCW applicants who have both been waiting more than a year for their permits, one of them not even having been contacted yet by LASD at all. Very soon, the first wave of successful CCW holders here will be submitting their renewals…something the LASD has never experienced before (there were reportedly fewer than 200 active permits in the entire County of 10 million people when Villanueva decided to open up to them). The renewal process is the exact same as the original application, with the exception that the box saying “renewal” is checked. But it reportedly goes to the same inbound queue.
When that time comes, and I submit my application 90 days before the expiration as recommended by LASD, I really doubt I’ll receive my renewal by the time my original permits expires. After all, the Dept’s policy used to be to make a decision within 90 days, and mine took a full 12 months. And that was when there were 4000 applications in queue. There are reportedly over 10,000 now, and Luna has restricted his staff from processing. I doubt my renewal will be completed.
So, I’ll have a decision to make. Do I continue to carry beyond the permit’s expiration under the argument that I was originally approved, and my renewal was submitted and is in their hands?
Rent an address in a friendly County, establish residence, get your permit?
That sheriff sounds like he will delight in prosecuting Haz if he ever were to need his gun.
Haz, what does Cal Guns have to say on this? Are they about to launch lawsuits demanding automatically applicants be renewed or to extend the term of the permit to 5 (or better) 10 years before renewal, as relief?
What’s happening out there, on this?
Good luck I had my 5 years struck down to 3 but still have a bit of time to see how court stuff goes first and a county that is still in the United States.
This is going to have to be dealt with, and it seems going big off the bat may be the way to force compliance. Have the court force them to re-issue unless they have a good reason (like you being convicted) to deny your permit…
no fear of being denied just don’t like having to do the process 5 times in 15 years instead of 3.
Perhaps, and I’m just spitballing here, it’s time to replace your “list” with filed suits. These guys only understand one thing – compulsion.
Clearly, the recalcitrant agencies don’t give a rip about what the Constitution says. It’s time to pierce their immunity and let them face financial ruin (at a minimum).
If you take an oath to uphold the constitution and then dont you should be shuted for treason.
“Perhaps, and I’m just spitballing here, it’s time to replace your “list” with filed suits. These guys only understand one thing – compulsion.”
That’s going to require financing those lawsuits, are those folks going to step up and open their wallets?
Working out mostly ok for NY but we are a spiteful brand of stubborn (both sides).
My buddy, Raff, is promoting a new sport in CA: Orca surfing. He is hoping it will catch on with the woke, brain washed left. it consists of locating a pod of Orcas, approaching them, and attempting to stand on their backs. He will be photo-shopping some images to show it is possible and fun.
how can any sanfran resident pass a psych exam? you ~gotta~ be crazy to live there. (says the knucklehead from chickagoo).
good thing it’s not calif rifle assoc & pistols.
RE :”requiring applicants to furnish photographs of their firearm storage;
inquiring about home security and cameras;
asking for the number and storage location of the applicant’s firearms;
asking for information about the people who live in the applicant’s home and the layout of that home;
requiring proof of income;
asking where an applicant intends to carry; and
limiting CCW permits to a single firearm provided the applicant qualifies for each firearm.”
Unless you have poopforbrains the above poll tax laundry list proves Gun Control is Rooted in Racism…Shades of what Blacks, etc. endured yesterday now includes the paleface…Of course Gun Control History illiterates see such never ending schemes and scams as something brand spanking new which means they have no clue where the hood latch is…so to speak.
I’m thinking that a case needs to go before the timid supreme court challenging the 1968 gun control act as unconstitutional as well as the 1934 “machine gun ban”. We should have true constitutional carry, no restrictions and no permits. All opposed to this should go find their safe haven in Cuba.
Income levels? I thought the evil gop was all about oppressing the poor?
Lucky me. I live in Alameda County.
Silly you –
You paid the bills that came due… 🙂
BTW – I actually blew a credit union worker’s mind one time. X-mas was coming up, and I was a little short so I walked in looking for a 500-dollar signature loan. I had recently paid off my second new car loan and was willing to use it for collateral, so I didn’t see the problem.
I filled out the application, handed it to her, and waited as she wandered off to do whatever it was credit union people do with loan applications, and waited until she got back. She came back with a very odd look on her face. She said to me, “You have perfect credit.” I replied “And? You get a bill, you pay it.” And then told me they were refusing the loan. I was a bit puzzled, as I was pledging my car as collateral.
They were turning me down because I had just changed jobs. Mind you, I had a car I just paid off early worth about 8,000 (at the time). I was a bit annoyed and left. Another bank was happy to take my business.
The very fact I had perfect credit (at that time) just melted that woman’s mind… 🙁
I know. I live in Alameda county CA. One of the toughest real estate markets in the US. A studio apartment will run you 1700-24oo bucks a month here.
I have a house that is paid for. I buy cars without financing. I may owe 200 bucks on my credit card. It boggles peoples minds when they find that out.
The US really prefers its people to be deep in debt and struggling.
I just got moderated. So no more comments here today.
Chuck has been an effective driving force in California for a long time. He will soon be fighting SB 2, a carry law very similar to the NYS law, with restrictions so onerous that it will be practically useless to have a ccw. The restrictions are far broader than those under the current law.
SAN FRANSISCO is questioning the sanity of those wanting a CCW??? Can’t make this stuff up.
The entire turdpile that is SF is insane.
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