The news that the Department of Justice was taking the LA County Sheriff's Department to court over concealed carry permit delays was music to my ears. It was about time to hear the DOJ was taking all civil rights seriously, including the Second Amendment.
For years, defending the Second Amendment rights of citizens was solely carried out by non-profit organizations like Gun Owners of America, the National Rifle Association, the Second Amendment Foundation, and countless others. They did their best, but the truth is that the Department of Justice routinely steps in on civil rights issues; but, before now, they've stayed away from Second Amendment cases.
However, as Lee Williams notes in his latest piece, this is just the tip of the iceberg of the Second Amendment violations one can find to take issue with in California.
Is CCW permitting, or the lack thereof, the place to start enforcing the Second Amendment in the country’s most heavily populated anti-gun state?
California’s bevy of unconstitutional state laws strip the Second Amendment rights from its 39 million citizens. Take a quick look at the state’s Roster of Handguns Certified for Sale.
“As of January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice,” California’s Attorney General Rob Bonta warns.
How does this horrific state law not violate the Second Amendment?
Look at how California defines an “Assault Weapon.” The current state law bans AKs, Uzis, CETMEs, HK-91s, 93s and 94s, dozens more and of course the country’s most popular rifle. All normal AR variants are banned, as is any handgun that can accept more than 10 rounds.
How does this horrific state law not violate the Second Amendment?
California very clearly and very openly violates the civil rights of its nearly 40 million residents in a host of other ways. Magazines capable of holding more than 10 rounds are illegal, as is ammunition of various styles, calibers and capabilities. So called “undetectable” firearms are banned, as is anything with a “short” barrel.
Honestly, the list of violations from California is quite long, and there's plenty for the DOJ's civil rights division to take issue with. I suspect that, in time, they likely will.
This, however, is low-hanging fruit. It's a particularly egregious set of circumstances that they can pounce on and be relatively clear in how to go after it. The fact that the LASD is dragging its feet on issuing permits is a clear case, and it doesn't really get into a new territory of gun rights. It's a starting point.
But Williams is right that there is more than enough going on there to move on from just delays in permitting.
California has long viewed guns as a privilege, not a right. Lawmakers might claim otherwise, but their actions make it clear that they do not believe or understand the Second Amendment's words.
The DOJ has started with the LASD, but they shouldn't end there. That's not remotely enough for the people of California, particularly those outside of Los Angeles, who are negatively impacted by these draconian restrictions on their right to keep and bear arms.
And after California, there are a number of other states that warrant an intense examination, followed by similar lawsuits.
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