Explore The NRA Universe Of Websites

Fight for Recognition of Second Amendment in California Continues With New Federal Lawsuit

Friday, August 19, 2016

Fight for Recognition of Second Amendment in California Continues With New Federal Lawsuit

On August 10th, the California Rifle & Pistol Association and several individuals, with the support of the National Rifle Association, filed a lawsuit in federal court to vindicate the Second Amendment right of Californians to carry a firearm in public for self-defense.

Earlier this summer, the Second Amendment rights of law-abiding Californians was dealt a blow by a federal court of appeals opinion in a case that challenged the state’s regime for discretionary issuance of concealed carry licenses. Ignoring the context of the plaintiffs’ claims – that licensed concealed carry is the only practical option the legislature provides for lawfully carrying a firearm for self-defense – the court resolved the case narrowly by ruling that the Second Amendment does not specifically protect a right to carry concealed. The new case, Flanagan v. Harris, is a direct response to that opinion.

The Flanagan case broadens the scope of the earlier lawsuit by challenging California’s open carry laws, in addition to state and local restrictions that deny concealed carry licenses to law-abiding citizens.

As explained in the new lawsuit, “the Supreme Court has made clear that the right to bear arms cannot be completely foreclosed.” Because California law prohibits the plaintiffs and other law-abiding citizens from openly carrying a firearm, and because Defendant McDonnell denies them the only lawful means of carrying a concealed firearm, they are “completely barred from exercising their right to bear arms—in any manner.”

The framing of the case is meant to force the court to decide, once and for all, whether or not it’s willing to uphold a complete restriction on the right of law abiding people to carry in jurisdictions within the State of California. 

You can support our pro-Second Amendment efforts in California by donating to the California Rifle & Pistol Association Foundation (CRPAF). CRPAF is a 501(c)(3), so contributions to CRPAF are tax-deductible. Or donate to NRA-ILA Legal Action Project. All donations will be spent to benefit California gun owners.

Should you wish to help fund this lawsuit specifically, you can send a donation directly through the California Rifle and Pistol Association Foundation’s website. All donations will go directly towards funding this lawsuit.

California gun owners have suffered long enough under the heavy hand of anti-gun politicians and bureaucrats. Despite seemingly endless setbacks to attain full recognition of the Second Amendment throughout the state, NRA and CRPA are committed to fighting as long as it takes to achieve that goal.

BY NRA-ILA Staff

TRENDING NOW
New York:  Gov. Kathy Hochul and Democrat Majorities Use The Budget to Adopt Gun Ban

Saturday, May 23, 2026

New York: Gov. Kathy Hochul and Democrat Majorities Use The Budget to Adopt Gun Ban

On Thursday, May 21, the New York Senate and Assembly used the State Budget as a vehicle to not only finance state government but also to pass a handful of their other policy priorities. 

Illinois: Semi-Auto Glock Ban Eligible for Floor Vote

Friday, May 22, 2026

Illinois: Semi-Auto Glock Ban Eligible for Floor Vote

Yesterday, the House Gun Violence Prevention Committee passed HB 4471. The bill is now eligible for a floor vote.

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

New York Times Acknowledges Semi-Auto Rifles Aren’t Just Common, But “Ubiquitous”

News  

Monday, May 18, 2026

New York Times Acknowledges Semi-Auto Rifles Aren’t Just Common, But “Ubiquitous”

In the landmark U.S. Supreme Court case District of Columbia v. Heller (2008), that acknowledged the Second Amendment protects the individual right to keep and bear arms, Justice Antonin Scalia noted some of the arms ...

Virginia: Spanberger Doubles Down on Semi-Auto Ban, NRA Doubles Down on Lawsuits

Thursday, May 14, 2026

Virginia: Spanberger Doubles Down on Semi-Auto Ban, NRA Doubles Down on Lawsuits

On the night of May 14th, Governor Spanberger once again proved she has no concern for the 2nd Amendment by signing SB749/HB217 - legislation that bans certain semi-automatic firearms, including many semi-automatic rifles, pistols and ...

Reading, Writing and Overreacting: Tiny Toy Leads to School “Weapon” Suspension

News  

Monday, May 18, 2026

Reading, Writing and Overreacting: Tiny Toy Leads to School “Weapon” Suspension

Parents and others have expressed concerns over a continuing decline in student literacy rates and math skills. At the same time, there’s a worrying erosion of common sense and critical thinking on the part of ...

Massachusetts Officials Embrace Gun Control, Avoid Crime Control, and Force Citizen Action

News  

Monday, May 18, 2026

Massachusetts Officials Embrace Gun Control, Avoid Crime Control, and Force Citizen Action

Massachusetts has among the most restrictive gun control laws in the country. The Bay State is one of an exceedingly small group of states, along with Illinois, to require a license to merely own any ...

New Jersey: Attorney General Sends Subpoenas to Statewide FFLs Seeking Customer Records

Saturday, May 16, 2026

New Jersey: Attorney General Sends Subpoenas to Statewide FFLs Seeking Customer Records

Last year, the New Jersey Attorney General’s Office filed a lawsuit against Glock, Inc. under the state’s public nuisance law. This week, in connection with that lawsuit, FFLs across the state started receiving subpoenas demanding ...

NRA-ILA Applauds House Passage of Veterans Protection Bill

News  

Thursday, May 21, 2026

NRA-ILA Applauds House Passage of Veterans Protection Bill

Today, the U.S. House of Representatives passed H.R. 1041, the Veterans 2nd Amendment Protection Act. This bill, sponsored by Chairman Mike Bost (R-IL-12) would reverse a controversial and deeply troubling policy that stripped veterans of ...

NRA Announces State Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Thursday, May 14, 2026

NRA Announces State Lawsuit Challenging Virginia’s “Assault Firearm” and Magazine Bans

Today, the National Rifle Association announced the filing of a state lawsuit challenging Virginia’s newly enacted bans on “assault firearms” and magazines capable of holding more than 15 rounds.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.