The Second Amendment Foundation (SAF) has filed a federal lawsuit in California challenging Contra Costa County Sheriff’s Office policies that prohibit permit holders from carrying handguns equipped with red dot sights or flashlights, as well as their outright ban on the carry of single action only (SAO) 1911- and 2011-style pistols.
The policies, enforced by Sheriff David Livingston, are unique in the nation. To SAF's knowledge, no other county or city in California – or anywhere else in the United States – imposes such restrictions on law-abiding carry permit holders. The complaint alleges the policies violate the Second and Fourteenth Amendments under the Supreme Court’s decisions in New York State Rifle & Pistol Association v. Bruen and District of Columbia v. Heller.
“Contra Costa County is the only jurisdiction in America that forbids law-abiding CCW permit holders from using red dot sights, firearm-mounted lights, or carrying the venerable 1911 platform,” said SAF Director of Legal Research and Education Kostas Moros. “These are common, popular and safety-enhancing features and firearms used by millions of Americans and even adopted by multiple California law enforcement agencies. There is zero historical tradition supporting these restrictions, and they cannot survive scrutiny under Bruen.”
Red dot sights and handgun-mounted flashlights are modern instruments that facilitate armed self-defense by improving speed, accuracy and target identification – especially in low-light conditions. SAO 1911-style pistols have been in continuous civilian, military and law enforcement use for more than a century and include multiple manual and passive safety features. Several SAO pistols were recently added to the California Handgun Roster after passing the state's expansive safety testing.
The complaint further notes the irony arising from the fact that California CCW permits are valid statewide: permit holders from other counties may legally carry firearms with red dot sights, flashlights or SAO pistols when traveling through or visiting Contra Costa County, while county residents are prohibited from doing so under the Sheriff’s policies.
“These arbitrary policies single out Contra Costa County residents and prevent them from using the most effective and popular tools for lawful self-defense,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Law-abiding citizens should not be forced to choose between their safety and complying with an unconstitutional and outlier restriction that exists nowhere else in the country.”
SAF is joined in Second Amendment Foundation v. Contra Costa County by two law-abiding Contra Costa County residents who are valid carry permit holders, and seeks declaratory and injunctive relief, nominal damages, and attorney’s fees.
For more information visit SAF.org.
The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.
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