California residents who want to carry a firearm in self-defense face a number of hurdles not found in othe states, including mandatory psychiatric evaluations and four-figure application fees in some counties.
Those Californians who live in Contra Costa County, though, are subject to even more bizarre regulations surrounding their right to carry. The county prohibits the use of red dot sights or flashlights on carry pistols, for instance, and even refuses to grant permits to applicants who state they want to carry a single-action handgun, like a 1911.
Contra Costa is the only county in California to impose these restrictions, which are now the subject of a federal lawsuit filed by Second Amendment Foundation and two Contra Costa County residents who say the policies of the county sheriff are infringing on the Second Amendment.
The complaint is pretty straightforward; these restrictions have no historical analogue in the nation’s tradition of gun ownership and regulation, and therefore violate the rights of Contra Costa County residents.
Ironically, because California CCW permits are valid statewide, people with permits issued by other counties or cities can legally carry firearms with red dot sights and/or flashlights when visiting or passing through Contra Costa County. They can also carry SAO (single-action only) firearms. Defendants’ policies and practices prohibit only residents of Contra Costa County whose rights are hobbled by these unconstitutional policies.
Moreover, Defendants’ policies lack any authority under California Penal Code Section 26150 et seq., which governs carry permit issuance and does not authorize sheriffs or chiefs of police to impose such arbitrary restrictions on the type of handguns or features that may be carried in public by their residents.
The complaint points out that there are multiple handguns on California’s roster of handguns approved for sale that come factory-equipped with red dot sights. Even if the owner of one of those guns were to remove the sight in an attempt to comply with Contra Costa County’s prohibition, they’d still be stuck because the county sheriff also refuses to issue permits for any firearms that have been modified.
And what is the argument against red dot sights and flashlights? That they improve the accuracy of a firearm? I can’t wait to learn what Sheriff David Livingston says in defense of these idiotic rules when the county furnishes its reply to the federal court.
I have no clue how Livingston will try to justify the ban on red dot sights and flashlights, but I’m pretty sure he’s going to claim that single-action-only handguns are inherently less safe than other makes and models, but that argument fails for a couple of reasons. First, as the lawsuit points out, CalDOJ has approved multiple 1911-style handguns for sale, as well as the Staccato 2011 pistol that’s also single-action-only. These handguns are also used by a number of law enforcement agencies in the state. In fact, according to the complaint there are departments that equip officers with Staccato pistols that had red dot sights and flashlights attached.
Will Livingston make a “only ones” argument; that police are the only ones proficient and skilled enough to carry such guns, or that they’re the only ones who need a red dot sight or a flashlight on their sidearm? It might be his best defense, but I still don’t think it’s going to get him very far.
The biggest hurdle for the plaintiffs, in my opinion, is convincing a judge that the red dot sights and flashlights aren’t mere accessories that aren’t protected under the Second Amendment. The complaint lays out the case that guns equipped with these items are still “arms,” but also argues that even if these devices are not “arms” in and of themselves, they “are still protected by the Second Amendment because they enhance the safe operation of firearms.”
I think SAF is bringing a strong argument, and I hope this litigation is successful; not just to undo Contra Costa County’s weird restrictions, but to prevent other counties from issuing their own idiotic rules about what kinds of handguns can be carried, and what features are forbidden for anyone but police and sheriffs’ deputies.
Editor’s Note: The radical Left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.
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