Saturday, August 27, 2011

Appealing for the Right to Carry

Though it’s a few days after the fact, the first appeal brief has been filed in Richards v. Prieto, the case challenging the constitutionality of California’s discretionary handgun-licensing system—or at least the administration thereof. At this point, Richards is no longer in the vanguard of right-to-carry litigation, thanks to an accomplished bit of judicial stalling surrounding the once related case of Nordyke v. King. However, there is now a raft of cases throughout the federal court system that will likely demand a ruling from the U.S. Supreme Court within the next two years.

Even after a right-to-carry victory at the high court, there will probably be holdouts in California and the other restrictive states. Much like the long aftermath of Brown v. Board of Education, subsequent enforcement actions will be required if that proves to be true. Richards v. Prieto may ultimately become the first such action here.