Mark Haynie v. Kamala Harris

Good Law
658 F. App'x 834
United States Court of Appeals for the Ninth CircuitAugust 4, 201614-15531California1,160 words

Opinion

Opinion

MEMORANDUM

Brendan Richards alleges that he was wrongfully arrested after California peace officers mistakenly believed his firearms were illegal “assault weapons” under the State’s Assault. Weapons Control Act (AWCA), Cal. Penal Code § 30500 et seq. The Calguns Foundation, Inc., and the Second Amendment Foundation, Inc., are also plaintiffs- in this case. The plaintiffs bring an as-applied constitutional challenge to the AWCA and seek an order compelling the California Department of Justice (DÓJ) to engage in regulatory rule-making by updating the Assault Weapons Identification Guide (2001 ed.). The district court dismissed the operative complaint, ruling that the plaintiffs lacked standing to.seek injunctive relief. We affirm the district court’s dismissal as to Richards and the organizational plaintiffs.

1. Richards alleges that his fear of future wrongful arrest is chilling the exercise of his Second Amendment rights. We hold that Richards has failed to allege a sufficiently imminent injury for purposes of Article III standing. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992) (discussing “injury in fact” requirement).

Richards does…

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