MARK BAIRD and Case No.
27 Amendments to the United States Constitution pursuant to 42 U.S.C. §1983.
authorized by 28 U.S.C. §2201 and §2202.
8 is authorized pursuant to 42 U.S.C. §1983 and 42 U.S.C. §1988.
substantial part of the events or omissions giving rise to Plaintiffs’ claims occurred in this district.
resident of Siskiyou County, California.
16 citizen and a resident of Shasta County, California.
General of the State of California. Defendant Becerra is sued herein in his official capacity only.
22 ensure that the laws of the State are uniformly and adequately enforced.
jurisdictions as to Defendant may seem advisable.
Defendant shall assist any district attorney in the discharge of the duties of that office.
9 to the possession of firearms, licensing, and manner of carry.
16 reasonable time of discovering their identities.
22 Codes §26150 and §26155).
24 Sheriff’s Offices standard Concealed Carry (“CCW”) Application Forms.
2 (aka “26150(b)(2) counties”) have issued open carry licenses since 2012.
each county (open carry and concealed carry) be “filed immediately” with the DOJ.
7 open carry licenses have been issued in the State of California.
California State Penal Code or any other criminal offense.
15 whether loaded or unloaded.
17 license is required to possess a firearm in one’s home for self-defense.
self-defense outside of his home and in public.
22 without the need to demonstrate any “cause” or “reason” for the issuance thereof.
California’s statutory firearms licensing scheme.
contain an option for applying for an open carry license.
for concealed carry, not open carry.
8 individual to apply for an open carry license.
15 “Signature of CCW holder”.
22 has no information related to obtaining and/or applying for an open carry license.
of license being applied for, which is to be filled out by the applicant.
handgun license to apply for, to wit, open carry.
Lopey the authority to deny the application. (Penal Code §26150(b)).
25 direction of and/or with the knowledge and approval of Defendant Becerra.
denial of Mr. Baird’s applications for an open carry license.
futile because Sheriff Lopey informed Mr. Baird that he will not issue “open carry” licenses.
licenses during his tenure as Sheriff of Siskiyou County.
9 the issuance thereof, Sheriff Lopey would be required by law to issue an open carry license to Mr.
16 issue an open carry license.
ineligible under §26150 and/or §26155 to apply for an open carry license in any other county.
22 provide that an open carry license is only valid in the county of issuance.
prosecution and incarceration. (Penal Codes §25850, §26150, and §26155).
2 exposed for self-protection during such travels throughout the State of California.
7 enforcement of such laws.
17 the California State Penal Code or any other criminal offense.
no license is required to possess a firearm in one’s home for self-defense.
22 defense outside of his home and in public.
24 without the need to demonstrate any “cause” or “reason” for the issuance thereof.
an open carry firearm license under California’s statutory firearms licensing scheme.
an option for applying for an open carry license.
the process for applying for a Concealed Carry License.
15 purpose of applying for an “Open Carry” handgun license.
22 no instructions pertaining to applying for an open carry license.
carry firearm licenses during his tenure in Shasta County.
2 license because open carry would cause a lot of angst, fear, and concern for his deputies.
the Shasta County Sheriff’s Office.
deny the application. (Penal Code §26150(b)).
24 carry license to Mr. Gallardo.
1 are invalid outside of the county of issuance.
9 denial of Mr. Gallardo’s applications for an open carry license.
17 that an open carry license is only valid in the county of issuance.
23 incarceration. (See, Penal Codes §25850, §26150, and §26155).
25 exposed for self-protection during such travels throughout the State of California.
7 firearm in public for self-protection.
22 v. DeVito, 686 F.2d 616, 618 (7th Cir. 1982).
The Statement of Law is integral to Plaintiffs’ claims and prayers for declaratory and injunctive relief.
2 LEXIS 149807, at *17-18 [ND Cal Oct. 17, 2013, No. C-12-05671 DMR] citing, Gates v.
police who failed to prevent suicide); Williams v. State of California, 34 Cal. 3d 18, 192 Cal.
2 husband and employee); Carpenter v. City of Los Angeles, 230 Cal. App. 3d 923, 281 Cal. Rptr.
fundamental right to possess firearms in public to protect themselves from physical harm.
17 the pursuit of Happiness. The Declaration of Independence, 1 U.S.C. § XLIII (1776).
25 established a religion; ultimately holding it did not.).
Rio Linda Union Sch. Dist., 597 F3d at 1030-1031.
to the U.S. Constitution) are attached to the individual.
16 Fourth Amendment rights are personal.”), citing, Rakas v. Illinois, 439 U. S. 128, 140, 99 S. Ct.
17 421, 58 L. Ed. 2d 387 (1978).
1 the same standards that protect those personal rights against federal encroachment.”).
defense is fully applicable to the states. McDonald v City of Chicago, supra.
8 rights, the individual automatically benefits from, and is protected by, such rights.
25 right of the individual to self-protection. District of Columbia v. Heller, 554 US at 595-599, 628.
619, citing, J. Ordronaux, Constitutional Legislation in the United States 241-242 (1891).
the freedom of the State from inside of their homes.
2 bearing arms are necessary to the individual’s basic human right of self-defense.
22 it ‘shall not be infringed.’ As we said in United States v. Cruikshank, 92 U.S. 542, 553, 23 L. Ed.
25 be infringed…” District of Columbia v Heller, 554 US 570, 592 (2008) (emphasis in the original).
2 Second Amendment right is per se unconstitutional.
home. The right to self-protection is as great outside of one’s home as it is inside the home.
Moore v Madigan, 702 F3d 933, 941 (7th Cir 2012).
9 v City of Chicago, 561 US at 776 (internal citation omitted).
15 defense and self-protection, at home and in public.
outside of one’s home is within the core rights protected by the scope of the Second Amendment.
23 County of San Diego, 824 F3d 919, 942 (9th Cir 2016) (en banc) (Peruta II) (cert. den.).
protection in this Circuit is open carry.
keep and bear arms is considered a “fundamental” right”). (internal citations omitted).
to incarceration and other criminal penalties. (Penal Code §25850).
16 cause” for the issuance of any carry license, whether for “concealed carry” or “open carry”.
completed a course of training as described in Section 26165.
city; (4) The applicant has completed a course of training as described in Section 26165.
16 carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person.
22 license in California must demonstrate “good cause” for the issuance of an “open carry” license.
28 firearm capable of being concealed upon the person.
5 balancing’ approach.”); McDonald, 130 S. Ct. at 3047-48.
13 critical and fundamental outside of the home as it is inside of the home.).
20 individual’s Second Amendment rights).
1 open carry, which is [by default] a core Second Amendment right.
include the basic human right to self-defense in public.
16 change at the whim of the sitting sheriff and/or when a new sheriff is elected.
protect anyone and criminals, by definition, do not follow the law.
15 these residents are no more dangerous with a gun than the next law-abiding citizen.”).
under California jurisprudence, few “concealed carry” licenses are issued in this state.
23 license in the State of California since 2012.
2 themselves from harm, particularly when law enforcement has no duty to protect the individual.
home – its value and inalienability does not change based on their location.
8 violation of the Second Amendment, enjoined from enforcement, and stricken as unconstitutional.
17 described in Section 26165. (emphasis added).
23 recent federal decennial census. (emphasis added).
Second Amendment as the right to self-protection inside of the home.
13 residence.5 (Penal Codes §26150(a)(3) and §26155(a)(3)).
“open carry” of a firearm throughout the State of California without criminal penalties.
28 authorities from issuing handgun “open carry” licenses, except as provided by law.
1 unarmed and defenseless when traveling to any other part of California.
the individual to “open carry” for self-protection outside of the home.
governmental interest, and has no provable or quantifiable effect on public safety.
populated, high crime areas will decrease the rate of criminal activity.
2 and stricken as unconstitutional.
7 the Second Amendment, to wit, the right to self-protection via “open carry” outside of the home.
Amendment, enjoined from enforcement, and stricken as unconstitutional.
and Immunities and Equal Protection clauses of the Fourteenth Amendment to the U.S.
7 demonstration at a privately-owned restaurant that refused to serve members of their race.).
9 basic right to eat for self-preservation, is common sense.
25 Amendment right to self-defense in public.
1 Amendment) and their right to travel. See, e.g., Soto-Lopez, 476 U.S. at 903.
based on the exercise of their Second Amendment rights.
8 deprive them of their Second Amendment right to open carry.
valid license based on the restrictions of Penal Code §26150(b) and §26155(b). See, Harman v.
penalty upon those who exercise a right guaranteed by the Constitution.”).
Fourteenth Amendment right to travel.
13 U.S. 330, 338 (2007).
including those activities that affect interstate and intrastate commerce.
counties having a population under 200,000.
“open carry” to the county of issuance violate the Dormant Commerce Clause.
Clause, enjoined from enforcement, and stricken as unconstitutional.
17 “open carry” to counties with a population under 200,000 violate the Dormant Commerce Clause.
Dormant Commerce Clause, enjoined from enforcement, and stricken as unconstitutional.
of imprisonment up to one year and/or fines.
7 criminal prosecution and penalties, including imprisonment.
open carry licensees, enjoined from enforcement, and stricken as unconstitutional.
22 weapons”). “On or about his person” necessarily means one’s body or within his area of reach.
(9th Cir 2018), citing, Jackson v. City & Cty. of San Francisco, 746 F.3d 953, 965 (9th Cir.
2 such as Plaintiffs, is fit to possess firearms in the first instance.
9 knife in his tackle box, or the axe in his shed.
carry license whether for concealed carry or open carry.
15 consistently taken steps in his professional capacity to restrict Second Amendment rights.
back holster, in a pocket, or underneath a sweater or jacket.
24 considerations relating to one’s wardrobe.
legislative statutes and judicial case law have unconstitutionally redefined the term “concealed”.
2 conduct and/or objects, denoting malintent and a criminal mens rea.
8 objective served by regulating how law-abiding people can carry their firearms.
16 underneath her dress or in her purse.
NRA Institute for Legislative Action, Tuesday January 1, 2013, citing, “Three Years in California”, Borthwick, J.D.
28 (1857); Gunfighters, Highwaymen, & Vigilantes”, McGrath, Roger (1984).
15 comfortable and are better able tactically to protect themselves.
NRA Institute for Legislative Action, Tuesday January 1, 2013.
11 in a prohibited area of an unincorporated territory.
concealed or open, throughout the State of California.
17 licensing scheme unlawfully burdens and infringes upon Plaintiffs’ Second Amendment rights.
unconstitutional and serves no legitimate purpose.
NRA Institute for Legislative Action, Tuesday January 1, 2013, citing, The Daily Alta California, 1869.
1 Amendment right to bear arms for personal protection.
defend themselves from physical harm in the manner they choose.
7 enforcement, and stricken as unconstitutional.
414 (internal citations omitted) (Sotomayor, J., concurring).
protection against seizures. See, e,g, Miranda v. City of Cornelius, 429 F.3d 858, 862 n.2 (9th Cir.
whether there is an invasion of privacy”); United States v. Paige, 136 F.3d 1012, 1021 (5th Cir.
Bonds has standing to challenge the seizure of her property.”).
17 possession and use of their personal property.
23 involved, in the absence of any inherent danger related to the manner of carry.
1 with the way law-abiding individuals, including Plaintiffs, carry their firearms in public.
for self-defense in public is not substantially related to any legitimate governmental interest.
7 enjoined from enforcement, and stricken as unconstitutional.
221. Plaintiffs have a demonstrated property interest in their firearms.
27 of the public cannot attain, including Plaintiffs.
1 able to use and enjoy their property.
19 the concept of liberty guaranteed by the first section of the Fourteenth Amendment, see Meyer v.
20 Nebraska, 262 U.S. 390, 399 (1923)) (internal quotations omitted).
usage. Raich v Gonzales, 500 F3d 850, 863 (9th Cir 2007) citing, Casey, 505 U.S. 833, 112 S. Ct.
2791, 120 L. Ed. 2d 674 (to have an abortion); Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L.
2 (to bodily integrity); Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535, 62 S. Ct. 1110, 86 L.
Ed. 1655 (1942) (to have children); Pierce v. Society of Sisters, 268 U.S. 510, 45 S. Ct. 571, 69 L.
personal privacy.” Roe v. Wade, 410 US at 152.
15 substantive due process. Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973).
234. Abortion is not an enumerated fundamental right under the Bill of Rights.
22 it is enumerated in the Bill of Rights and protected by the Second Amendment.
24 the unenumerated right to have an abortion.
25 237. The right to bear arms is a right protected by substantive due process.
1 which s/he carries a firearm to protect her/his body in public, which is an enumerated right.
throughout the years, the “we’ve always done it that way” excuse fails.
23 circumstances under which it is employed for self-preservation.
firearms, in public. Defendants deny these contentions.
violate their constitutional rights in the manner described in detail herein.
9 Fourteenth Amendment right to substantive due process.
their fundamental rights and criminal prosecution.
15 personal property, to wit, firearms, in public.
23 criminal prosecution, incarceration, and other legal penalties.
1 alia, the Second, Fourth, and Fourteenth Amendments.
manner in which they carry their personal property, to wit, firearms for self-defense in public.
7 Accordingly, injunctive relief is appropriate.
8 253. Upon information and belief, Defendants deny the contentions stated herein.
have no viable legal justification for the constitutional violations detailed herein.
forth herein and in Plaintiffs’ Prayer for relief.
26 forth herein and in Plaintiffs’ Prayer for relief.
9 justification for the constitutional violations detailed herein.
28 forth herein and in Plaintiffs’ Prayer for relief.
1 forth herein and in Plaintiffs’ Prayer for relief.
16 forth herein and in Plaintiffs’ Prayer for relief.
7 forth herein and in Plaintiffs’ Prayer for relief.
justification for the constitutional violations detailed herein.
24 forth herein and in Plaintiffs’ Prayer for relief.
15 forth herein and in Plaintiffs’ Prayer for relief.
26 speculative beliefs and ideas having no actual effect on a legitimate governmental interest.
without the opportunity to be heard.
interference with, and deprivation of, the full use and enjoyment of Plaintiffs’ property.
defense in public is a core and fundamental right protected by the Second Amendment.
1 abiding individuals for self-defense is facially unconstitutional and as applied to Plaintiffs.
applied to Plaintiffs as it violates the Second Amendment.
8 applied to Plaintiffs as it violates the Second Amendment.
right protected by the Second, Fourth and Fourteenth Amendments.
15 are facially unconstitutional and as applied to Plaintiffs.
23 the Dormant Commerce Clause.
and the Dormant Commerce Clause.
2 carrying a firearm in public for self-defense.
7 for in California Penal Codes §26150 and §26155.
California Penal Codes §26150 and §26155.
16 licenses as provided for in California Penal Codes §26150 and §26155.
population of the county as provided for in California Penal Codes §26150 and §26155.
25 openly carrying loaded and/or unloaded firearms.
2 their firearm in public as provided for in California Penal Codes §26150 and §26155.
7 and other law-abiding individuals to openly carry a firearm in public for self-defense.
firearm in public for self-defense.
16 20. Any such further or alternative relief as the Court deems just and proper.