Ka-boom! We’ve just had a huge win in the U.S District Court that could finally spell RELIEF for the thousands of CCW applicants who have been given the proverbial middle finger by the Los Angeles Sheriff’s Department.
Just this week, Hon. Sherilyn Peace Garnett ruled that Gun Owners of California, our stalwart partners at CRPA (who filed the lawsuit) and individual applicants — have the legal right to challenge California’s CCW licensing regime that delays or denies an individual’s constitutional right to carry.
WHY IS THIS IMPORTANT TO MORE THAN JUST LA COUNTY? Because other jurisdictions will be bound by the judge’s initial ruling.
Here are the facts:
GOC and CRPA and our partners now have legal “standing” to pursue a claim against an entity that delays or denies CCW applications.
- “Standing” means we have a valid reason to sue, and the judge gave us the green light to fight this issue in court, not just for the named plaintiffs (those of us bringing the lawsuit), but for all affected members. Judge Garnett affirmed that GOC and CRPA can sue not just on behalf of themselves, but on behalf of their members who have been affected by the delays — even if those members aren’t named in.
- Why it matters: This makes this lawsuit much bigger and more powerful. It’s not just about a few people who were forced to wait too long for a permit. This ruling affirms that GOC and CRPA can represent the thousands of law-abiding applicants whose rights are being consistently crushed by CCW delays.
The Court DENIED the County’s motion to dismiss the “Second Amendment” claim.
- The county tried to get the entire Second Amendment challenge thrown out – why? Because they do not believe the right to keep and bear arms is an individual right. The judge said nope — there’s enough evidence that delaying permits violates the Second Amendment, and the claim is allowed to move forward.
- Why it matters: The court has agreed that excessive delays in issuing CCWs could be unconstitutional under the Second Amendment — and now this will absolutely be tested further in court.
The Court ruled that the practice of taking longer than the statutory 120 days…supports a “plausible” unconstitutional delay.
- We have “alleged” (we know this is fact) that LASD routinely goes far beyond the 120 days. The court found there’s enough smoke here to investigate if there’s a real fire.
- Why it matters: The judge recognized this isn’t a one-off — it’s a systemic issuethat could amount to a constitutional violation.
GOC, CRPA and our partners have adequately alleged a “Monell” claim.
- A Monell claim means we are accusing the LASD of having an official policy or custom that violates people’s rights — in this case, a pattern of delaying CCW permits.
- Why it matters: This is a big deal— if proven, it can lead to court orders requiring major policy changes within LASD. The court agreed there’s enough evidence to go forward on this important issue.
The Court DENIED the County’s motion to dismiss the Fourteenth Amendment claim.
- GOC et al also said the delays violate the Due Process Clause of the 14th Amendment — by failing to follow proper legal procedures or treating people unequally. The county wanted that claim tossed too. The judge said no.
- Why it matters: This is an interesting point, because the court agrees that this isn’t just a gun rights issue — it’s also about fairness and legal process. That gives the case even more weight.
The Court DENIED the County’s motion to dismiss our requests for “declaratory and injunctive relief” as moot.
- The county tried to weasel out by saying, “Well, we approved some permits now, so this case doesn’t matter anymore.” The judge shut that down.
- Why it matters: It confirms that they can’t fix a systemic issue by cleaning up a few cases after getting sued. The issue isn’t moot — it’s very much alive!
AT THE END OF THE DAY, WHAT DOES THIS ALL MEAN?
- The lawsuit is fully alive and moving forward towards an actual trial.
- GOC, CRPA and our members are officially in the fight.
- The court sees potential constitutional violations on Second and Fourteenth Amendment grounds.
- The Sheriff’s Department and County can be held accountable and possibly forced to fix their broken CCW process.
- Even if permits are issued now, they don’t get to avoid consequences.
GOC strongly believes that this particular ruling will ultimately bust the doors open for a more transparent – and speedier CCW licensing process. The bottom line is that if LA County fails to act within the statutory time limits, there will be significant legal consequences. GOC pledges to stay on top of this – stay tuned!
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