Baird

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK BAIRD, et al., No. 2:19-cv-00617-KJM-AC Plaintiffs, v. ORDER XAVIER BECERRA, et al., Defendants.

17 In this case brought under 42 U.S.C. § 1983, plaintiffs challenge the constitutionality of California’s open carry licensing regime under the Second, Fourth, Fifth and Fourteenth Amendments to the U.S. Constitution. Plaintiffs move for a preliminary injunction on their Second Amendment claim and defendants move to dismiss plaintiffs’ other constitutional claims. The court resolves the motion for a preliminary injunction and the motion to dismiss below. I. BACKGROUND California Penal Code section 26350 criminalizes the act of publicly carrying an unloaded firearm, and section 25850 criminalizes the act of publicly carrying a loaded firearm. There is an exception to these rules that allows an individual to publicly carry a firearm without a license, where the individual “reasonably believes…