Introduction In the United States, the right to bear arms is protected under the Second Amendment, but it comes with regulations (whether valid under the Constitution or not) that purportedly ensure public safety. The National Instant Criminal Background Check System (NICS), established under the Brady Handgun Violence Prevention Act, is a critical tool used to prevent prohibited individuals from purchasing…read more →
California’s firearms laws are a legal quagmire, so convoluted that even judges find them “impenetrable.” In Rash v. Lungren (1997), Appeals Court Justice Bedsworth described a related statute as “hard” to read, “arduous” to write about, and “probably downright painful” to understand (59 Cal.App.4th 1233). Former Attorney General Dan Lungren likened these laws to the state’s Byzantine tax code, while…read more →
This article outlines the legal framework for drawing or using a firearm in self-defense under California and federal law, focusing on verified statutes and case law. For legal advice, contact The Davis Law Firm, experienced in California firearms law. I. California Law on Firearm Use in Self-Defense California law permits the use of firearms in self-defense under strict conditions, governed…read more →
Introduction As a concealed carry permit holder in California, you face unique legal challenges due to the state’s stringent firearms laws and complex self-defense statutes. Drawing or discharging your firearm in a self-defense scenario requires immediate, precise actions to ensure your safety, comply with California law, and protect your legal rights. This checklist, tailored for California concealed carry users, outlines…read more →
On July 4, 1815, the city of New Orleans resonated with the thunder of muskets and cannons, as General Andrew Jackson and his troops celebrated America’s Independence Day with a fervor that echoed their recent victory at the Battle of New Orleans. This historic celebration, coming just months after the decisive battle of the War of 1812, was a powerful…read more →
The Law Enforcement Officers Safety Act (LEOSA) is a pivotal federal law that empowers qualified law enforcement officers to carry concealed firearms nationwide, enhancing officer and public safety. Since its enactment in 2004, LEOSA has evolved through amendments, faced legal challenges, and inspired reform efforts like H.R. 354. However, state policies, such as California’s, have introduced restrictive interpretations that may…read more →
At The Davis Law Firm, we are committed to empowering our clients in the firearms retail industry with the tools and resources they need to thrive in a complex regulatory and business environment. That’s why we strongly recommend membership in the National Shooting Sports Foundation (NSSF), the leading trade association for the firearms, ammunition, hunting, and shooting sports industry. Starting…read more →
Several pro-Second Amendment organizations are actively challenging California’s firearm laws in federal courts, many influenced by the 2022 Bruen decision. Below is a summary of ongoing lawsuits by the Firearms Policy Coalition (FPC), Second Amendment Foundation (SAF), California Rifle & Pistol Association (CRPA), Gun Owners of America (GOA), and National Rifle Association (NRA). Firearms Policy Coalition (FPC) Second Amendment Foundation (SAF) California…read more →
By Jason A. Davis, The Davis Law Firm Picture this: it’s June 2008, and the U.S. Supreme Court just dropped District of Columbia v. Heller (554 U.S. 570), declaring the Second Amendment protects an individual’s right to keep firearms for self-defense. The legal world is electric, and in Long Beach, California, Chuck Michel and I are grinning like kids in…read more →
California Government Code § 53071, enacted in 1969 through Stats. 1969, c. 1428, p. 2933, and previously codified as § 9619, asserts state preemption over the registration and licensing of commercially manufactured firearms. Responding to local regulatory fragmentation in a turbulent era, § 9619 was introduced to ensure uniform state standards. This article provides a comprehensive history of § 53071,…read more →