James Rothery, et al. v. Lou Blanas, et al.

Under California law, possessing a loaded handgun outside the home is generally prohibited, but concealed carry is permissible after obtaining a license to do so. There are no uniform state standards for the issuance of a permit; leaving the decision entirely within the discretion of the locally elected sheriff. The discretionary and arbitrary application process itself creates perverse incentives for the approval or denial of an application. Most individuals in many California counties, including Sacramento County, cannot obtain a permit to carry a concealed weapon unless the individual is a friend or campaign contributor to the local county sheriff. Honorably retired California peace officers are exempted from this restraint as they are automatically granted a lifetime right to carry concealed weapons, regardless of need or merit. The two questions presented are:

1. Does California’s general prohibition to carry a loaded handgun outside the home, coupled with an arbitrary and capricious licensing scheme for citizens who wish to carry a concealed weapon, violate Californians’ fundamental right to keep and bear arms for self-defense guaranteed by the Second Amendment?

2. Does California’s grant of a lifetime right to honorably retired California peace officers to carry a concealed weapon, coupled with a grant of unbridled discretion to each elected Sheriff whereby concealed weapon permits are issued on a quid pro quo basis to political supporters, violate the Equal Protection Clause of the Fourteenth Amendment when average citizens, including former military, are subjected to the capriciousness of the locally elected Sheriff?