SUMMARY

When California Senate Bill 707 took effect on January 1, 2016, it established preferential treatment for retired government employees over and above the rights of licensed, law-abiding private citizens approved to carry a handgun. The Ninth Circuit has already held that there is no rational basis for the State to treat retired government employees more favorably than law-abiding members of the general public when it comes to limiting access to firearms...yet that’s exactly what SB 707 did.

Gallinger, et al. v. California Attorney General Xavier Becerra (formerly Garcia v. Harris) was filed in response to the enactment of SB 707 and is intended to strike down as unconstitutional an exemption to the criminal provisions of California Penal Code Section 626.9, otherwise known as the “Gun-Free School Zone Act of 1995,” under the Fourteenth Amendment’s Equal Protection Clause.

Gallinger v. Becerra is currently on appeal at the Ninth Circuit. It is fully briefed and pending oral argument.

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KEY CASE FILINGS

6/16/17: Appellants' Reply Brief

6/2/17: State's Answering Brief; Opposition to Request for Judicial Notice

4/10/17: Brief of Amicus Curiae Cato Institute In Support Of Appellants

4/3/17: Appellants' Opening Brief; Motion to take Judicial Notice & Exhibits 1-39; Appellants' Excerpts of Record

8/5/16: Order Granting Motion to Dismiss

7/25/16: State's Reply ISO Motion to Dismiss

7/18/16: Plaintiffs' Opposition to Motion to Dismiss

6/10/16: State's Motion to Dismiss

4/20/16: Complaint