In California, individuals convicted of non-violent felony offenses in other states – and who have since had their rights fully restored in the state where they were convicted – remain prohibited persons under California law. As a result, even when the state in which an individual was convicted has had their conviction vacated, expunged or otherwise nullified, California maintains that individual is prohibited from possessing firearms or ammunition.
On December 20, 2018, the Second Amendment Foundation, joined by three California residents, and four other civil rights organizations filed suit challenging California’s prohibition. The suit asks the court for declaratory and injunctive relief, specifically, a declaration that California’s statutory regime barring those who have had their rights restored elsewhere from exercising those same rights in California violates the Second Amendment, as well as the Full Faith and Credit and Privileges and Immunities Clauses of the United States Constitution, and to enjoin the Defendants from continuing to enforce that interpretation.
Case Team: George Lee
Recent Docket Activity
November 26th, 2024
ORDER re Motion for Attorney's Fees and Costs. Signed by Judge James Donato on 11/26/2024.
November 22nd, 2024
STIPULATION WITH PROPOSED ORDER re 84 MOTION for Attorney Fees and Costs filed by Kendall Jones, Paul McKinley Stewart, Firearms Policy Foundation, Firearms Policy Coalition, Second Amendment Foundation, Inc., Calguns Foundation, Inc., Madison Society Foundation.
September 4th, 2024
ORDER granting 90 STIPULATION WITH PROPOSED ORDER re 84 MOTION for Attorney Fees and Costs. Signed by Judge James Donato on 9/4/2024.
September 3rd, 2024
STIPULATION WITH PROPOSED ORDER re 84 MOTION for Attorney Fees and Costs filed by Calguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Kendall Jones, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart.
August 28th, 2024
ORDER. At the joint request of the parties, Dkt. No. 88, defendants will have until September 3, 2024, to file their response to plaintiffs' motion for attorneys' fees and costs, Dkt. No. 84, and plaintiffs will have until September 10, 2024, to file their reply. Signed by Judge James Donato on 8/28/2024.
August 28th, 2024
1 - Terminate Deadlines AND Order AND Set Motion and Deadlines/Hearings AND ~Util - Terminate Motions
