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Gun Owners of California File Lawsuit Against California’s Open Carry Ban

California Open Carry BanGun owners in California filed a federal lawsuit, Wednesday, to block a state law that has been in place since 2011, which prevents most people from carrying guns openly in public.

This new lawsuit demands that the ban on open and concealed carry a gun be struck down after a federal appeals court upheld a policy that denies concealed firearm permits to most people in urban counties. The suit was filed by four Los Angeles County residents; Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio as well as the California Pistol and Rifle Assn.

The U.S. 9th Circuit Court of Appeals decided in June that county sheriffs may require applicants to show specific reasons, such as a direct threat, to obtain a permit for a concealed gun. In that time, there has been only 560 permits issued in L.A. County, which has a population of over 10 million people, causing many in L.A. County to proclaim that it is nearly impossible to receive a permit from L.A. County Sheriff James McDonnell. Who has been named in the lawsuit, personally. Also named in the suit is California State Attorney General Kamala D. Harris.

Now, while large urban counties, including Los Angeles, routinely deny such permits.  Small rural counties generally grant them without requiring applicants to justify a specific need. While L.A. County requires residents to show “convincing evidence of a clear and present danger” to obtain a permit to carry a concealed gun, the new lawsuit said.

“Accordingly, the vast majority of the population cannot satisfy this discretionary standard, and therefore cannot obtain a license to publicly carry a firearm,” the suit also stated. Adding that “Because California law prohibits them from openly carrying firearms and Defendant McDonnell denies them the only lawful means of carrying a concealed firearm, Plaintiffs are completely barred from exercising their right to bear arms — in any manner.” “They are thus entitled to relief from the complete abrogation of their fundamental rights.”

For the full text of the 31 page suit, click here.

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