A Second Amendment Foundation representative discusses the significance of the win, and what that could mean moving forward.
At a time when California government seems determined to take Second Amendment rights away from citizens, one judge in the state has seen enough.
A Summary Judgment has been awarded to three individuals following a lawsuit that went against the state’s Penal Code, which affected their Second Amendment rights to those with vacated felony convictions.
U.S. District Judge James Donato, who serves in the Northern District of California, noted, “After multiple hearings and several rounds of briefing, and in light of the guidance provided by New York State Rifle & Pistol Association, Inc. v. Bruen…the Court concludes that California has violated the Second Amendment rights of the individual plaintiffs. Consequently, summary judgment is granted in favor of (Chad) Linton, (Paul McKinley) Stewart, and (Kendall) Jones on their as applied Second Amendment claim.”
SAF Executive Director Adam Kraut noted further details about the case. “The three individual plaintiffs were all convicted of non-violent felonies in other states decades ago. None of the convictions involved a weapon, drugs, or violence, in the ordinary meaning of the word. Each of the plaintiffs had their conviction vacated, set aside, or dismissed, and their right to possess firearms restored by the jurisdiction in which they were convicted. Linton legally acquired firearms in California on prior occasions, and Jones was a career law enforcement officer in California with special training and certification as a firearms instructor. Even so, California acted to permanently deny them of the right to possess or own firearms, solely on the basis of their original convictions.”
SAF Founder and Executive Vice President Alan Gottlieb noted, “This is a huge victory. It could amount to a first major step to create an avenue for other people with similar circumstances to return to lives of full citizenship. We’re delighted with Judge Donato’s ruling. This is just one more example of our mission to win firearms freedom, one lawsuit at a time.”
A representative for the Second Amendment Foundation joins us now to discuss this decision further.
Q&A:
- How heavily in violation was this California law when it came to the rights of these three citizens?
- Is Gov. Gavin Newsom really that determined to violate the Second Amendment rights of citizens when it comes to trying to ban these “assault weapons”?
- Could this decision be the first towards dictating how California firearm laws are to be carried out? Or will Newsom plan something else for his defense?
- Why do some states try to create troublesome gun laws when they know the Second Amendment is going to serve in favor of the private gun owners?
- What’s next for the Second Amendment Foundation when it comes to cases such as this?
- Where can we learn more about the Second Amendment Foundation and its members?
- Those interested can visit http://www.saf.org/.
Second Amendment Foundation spokespersons available to be your guest:
ABOUT CHRIS CHENG (In Pacific Time)
Chris Cheng serves on the advisory council to the Second Amendment Foundation’s Board of Trustees. He is the History Channel’s Top Shot Season 4 Champion and author of the book “Shoot to Win.” Cheng is an Asian D&I advocate in the gun community, a former Google employee who went from self-taught amateur to pro shooter.
ABOUT CAM EDWARDS (In Eastern Time)
Cam Edwards is the editor at Bearing Arms-dot-com and hosts the popular podcast Cam & Company that focuses on Second Amendment news and information. Cam is originally from Oklahoma City, Oklahoma, and has worked in radio, television, and online media for over two decades. He currently lives on a small farm with his family near Farmville, Virginia, and is a member of the board of Citizens Committee to Keep and Bear Arms.
ABOUT MARK WALTERS (in Eastern Time):
Mark Walters is a member of the board of directors for the Citizens Committee for the Right to Keep and Bear Arms. As a nationally syndicated host of two talk radio programs, Armed American Radio and Armed American Radio’s Daily Defense, Mark is heard on hundreds of stations weekly across the country. Mark is the co-founder of Armed American News and the recipient of the 2015 “Gun Rights Defender of the Year award.” In addition, Mark Walters is co-author of three books, including Lessons from Armed America, Lessons from Unarmed America, and Grilling While Armed.
ABOUT LEE WILLIAMS (In Eastern Time)
Lee Williams is also known as The Gun Writer and has been writing about the Second Amendment, firearms, the firearms industry, and the gun culture for more than ten years. He is the Chief Editor of the Second Amendment Foundation’s Investigative Reporting Project and is a frequent contributor to Ammoland News and Armed American Radio. In addition, Lee serves as a board member of Florida Carry, Inc. He was also an editor for a daily newspaper in Florida. Before becoming a newspaper editor, Lee was an investigative reporter in three states and a U.S. Territory. Before becoming a journalist, he worked as a police officer. Before becoming a cop, Lee served in the Army. Lee has earned more than a dozen national journalism awards as a reporter and three medals of valor as a police officer.
ABOUT DAVE WORKMAN (In Pacific Time):
Dave Workman is an award-winning career journalist and senior editor of TheGunMag.com. He writes for Liberty Park Press, Conservative Firing Line, and is communications director for the Citizens Committee for the Right to Keep and Bear Arms. He has authored Op-Ed pieces in several major newspapers, including the Chicago Tribune, Seattle Times, and Atlanta Journal-Constitution, and co-authored seven books with Second Amendment Foundation Alan Gottlieb. Workman’s beat is firearms, from politics to the outdoors. He is widely considered an authority on firearms, concealed carry, and gun politics.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 700,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
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