By: José Niño
Pro-gun activists have threatened to file a lawsuit against the California city of Los Gatos over its recently enacted concealed carry ban, which bans the carry of firearms in so-called “sensitive places” such as religious institutions and schools.
Michel and Associates is the law firm representing the California Rifle & Pistol Association and the Second Amendment Foundation. It recently sent a letter on their behalf to the city claiming that the concealed carry ban that was enacted in the summer of 2023 transgresses the Second Amendment rights of gun owners.
“Specifically, the ordinance makes it so that firearms are prohibited to be carried – even by those with a permit – in town property, public transit and places of worship,” the letter stated.
Gabrielle Whelan, an attorney representing the city of Los Gatos, revealed that the council convened in a closed session towards the end of August and voted to suspend the enforcement of the ordinance in those locations until lawsuits against the state are sorted out.
“We’re taking it seriously,” Whelan stated. “The town’s ordinance is modeled on pending state legislation.”
This ordinance was slated to go into effect on September 1. Although the town has stopped enforcing this ban on public transportation, religious institutions, and some local government property, the ordinance will continue to be enforced at schools.
At a hearing for the ordinance, a disgruntled resident detailed his experience obtaining a concealed carry permit in Santa Clara County where he had to go through an FBI background check and be interviewed by functionaries at the sheriff’s office. On top of that, he took 16 hours of training and had to pass a psychological exam, background check, and a marksmanship test to comply with state and local requirements to carry a handgun.
He spent over $1,000 on the entire process so that he could legally carry a handgun.
This resident’s case is commonplace in an anti-gun bastion such as California. According to Guns & Ammo magazine’s “Best States for Gun Owners” rankings, the Golden State is ranked in 48th place. Since Democrats thoroughly dominate California politics, there are little to no options at the legislative level for effecting political change.
In turn, gun rights activists will have to use litigation to roll back gun control and other schemes to undermine the Second Amendment in deep-blue cities and states. Politics is a messy business, and it will require political operatives to be able to adapt to sub-optimal circumstances.
José Niño is a freelance writer based in Austin, Texas. Contact him via Facebook, Twitter, or email him at [email protected]. Get his e-book, The 10 Myths of Gun Control, here.