Allen Ruby, Smith’s attorney, had argued in filings and in court Tuesday that the Supreme Court’sin June, which struck down New York’s requirement that concealed-carry weapons license applicants demonstrate “good cause” for why they should be granted a license, nullifying similar rules in California.
Ruby argued the high court’s ruling invalidates the entirety of California’s CCW requirements, thereby nullifying three corruption counts alleging Smith favored donors and political supporters in selecting who got gun permits, failed to investigate other applicants’ good cause statements, and flouted mandatory response deadlines for permit applications.“The courts cannot enforce especially after it’s determined that a statute is unconstitutional in part or in whole,” Ruby said Tuesday.
“It would be using a Supreme Court case that expressly condemns the arbitrary conduct the sheriff is accused of engaging in, and using it as her defense,” Markoff said of Ruby’s Bruen argument. “It’s a very interesting issue,” Fineman said after announcing her decision. “It raises a number of issues. I won’t be the last word.”
Good.
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