The Second Amendment Foundation (SAF) has filed a federal lawsuit challenging Contra Costa County, California, over three concealed-carry bans that strike at common defensive handguns and accessories: red dot sights, weapon-mounted lights, and single-action-only 1911/2011-style pistols.
SAF says the Contra Costa County Sheriff’s Office bars local CCW permit holders from carrying handguns equipped with red dots or mounted lights and separately bans SAO 1911- and 2011-style pistols from being carried under county-issued permits.
These are ordinary tools millions of Americans use to carry responsibly. Red dots help shooters make accurate hits. Weapon lights help identify threats before a trigger is pressed. The 1911 platform is one of the most proven defensive handguns in American history. The complaint calls red dots and lights “popular, safety-enhancing attachments,” and that is exactly what they are.
The lawsuit names Contra Costa County, the Contra Costa County Sheriff’s Office, and Sheriff David Livingston in his official capacity. SAF is joined by two Contra Costa County residents and carry permit holders, Andrew Moore and James Treuel. Both men say they are legally licensed, both want to carry handguns with modern defensive features, and both are blocked by the sheriff’s policies.
According to the complaint, Moore is approved to carry a Sig Sauer P365 Legion and a Smith & Wesson 2.0. Treuel is approved to carry a Sig Sauer P365 and an HK USP Compact. The problem is that the county’s rules stop them from adding red dots or lights to those carry guns. Even though those features are common among armed citizens and law enforcement.
SAF Says Contra Costa CCW Rules Violate Bruen and Heller
SAF’s constitutional argument is direct: Contra Costa’s policies violate the Second and Fourteenth Amendments under District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen. Under Bruen, the government does not get to ban common arms or accessories simply because a local official dislikes them. Once the conduct is covered by the Second Amendment, the government must point to a historical tradition supporting the restriction. SAF says Contra Costa cannot do that.
The complaint says the county’s bans have “no textual or historical pedigree” and represent “novel schemes developed in recent years or decades.” That is the heart of the case. Contra Costa is not enforcing some founding-era rule. It is creating a modern permission-slip regime that tells peaceable citizens they may carry only the county-approved version of a defensive handgun.
Kostas Moros, SAF’s Director of Legal Research and Education, put the issue plainly.
“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 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.”
That last line is the one Contra Costa will have to answer in court. Where is the historical tradition of banning citizens from carrying a handgun because it has a better sighting system? Show me the founding-era analogue for prohibiting a mounted light that helps identify a threat in the dark? How about the constitutional basis for banning a 1911-style pistol, a platform carried and trusted for more than a century?
California CCW Permit Holders From Other Counties Get More Freedom
The strangest part of the policy may be the resident-versus-visitor problem. SAF points out that California CCW permits are valid statewide. That means a permit holder from another California county can travel through Contra Costa County with a red dot-equipped pistol, a weapon-mounted light, or an SAO 1911/2011 pistol. But a Contra Costa resident with a Contra Costa permit is barred from carrying the same setup.
In plain English, Contra Costa treats its own residents worse than visitors. The complaint says the policies “single out Contra Costa County residents whose rights are hobbled by these unconstitutional policies.” That is not public safety. That is bureaucratic discrimination against the very citizens the sheriff’s office is supposed to serve.
Contra Costa’s CCW Policy Shows Post-Bruen Resistance
This case also highlights how far local governments will go after Bruen to preserve discretionary gun control. When they can no longer deny ordinary citizens the right to carry outright, some officials look for new ways to make carry less useful, less practical, and less effective. A right to carry should not become a right to carry only the least modern, least capable setup a sheriff’s office will tolerate.
SAF is asking the federal court for declaratory and injunctive relief, nominal damages, and attorney’s fees. SAF wants the court to declare the bans unconstitutional, stop Contra Costa officials from enforcing them, recognize that rights were violated, and require the defendants to pay the costs of forcing citizens into court.
Contra Costa County residents should not have to surrender red dots, weapon lights, or proven 1911-style pistols to exercise a constitutional right. The Second Amendment does not stop at the county line, and neither should the right to carry effective defensive arms.
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About Duncan Johnson:
Duncan Johnson is a lifelong firearms enthusiast and unwavering defender of the Second Amendment—where “shall not be infringed” means exactly what it says. A graduate of George Mason University, he enjoys competing in local USPSA and multi-gun competitions whenever he’s not covering the latest in gun rights and firearm policy. Duncan is a regular contributor to AmmoLand News and serves as part of the editorial team responsible for AmmoLand’s daily gun-rights reporting and industry coverage.
Sheriff should be sued for age discrimination over this – on top of all the other suits. Young health eyes can easily manage iron sights but as we age eyesight deteriorates. RDS are infinitely more important for the elderly than for the young. WML acts as a beacon – if someone is criminally misusing a firearm, wouldn’t you want them to have a light on so you can track their location easier? All the “banned” items make handguns safer, more efficient and more effective. Driver for this is obviously maliciousness and hatred for the private citizens who pay his salary.… Read more »
contra costa county sheriff has a long history of corruption surrounding issuance off CCW’s. Sheriffs rainey and rupf, prior to Dave livingston have all required membership in the sheriffs posse for up to five years or more to “qualify” for a ccw amounting to a pay for play system IF you were deemed to be doing enough for the sheriffs re-election. I lived in contra costa county for over 60 years before moving to the freedom of idaho. I personally knew each sheriff from rainey on. The contra costa sheriff always did everything possible to deny carry permits unless you… Read more »
Sadly, CA gets worse and worse, as good people avoid it because CA recognizes no other state’s CC permits, and favors criminals over law-abiding citizens. And voters keep contributing to their own demise. It’s like the drunk driver going the wrong way on the highway, while thinking he’s the only one going the right way, until he kills himself and several others.
Wait, so the 1911 is illegal to carry and anything based on the 1911 is banned. My question is WHY?
Sure is some weird people with authority in California. A bunch of nitwits voting for scumbags like this sheriff too!
Make Tar & Feathers Great Again!
Who do these people working at the sheriff’s office think they are? I don’t need a permit, nor does any citizen, and we certainly don’t need their permission to carry whatever arm we want, outfitted as we like. This guy is trying to claim he has authority to tell folks they can’t put a flashlight in their pistol??? Or a red dot??? Bwa hahaha. He can f right off, all day long. If he tried that here in AZ we’d drink coffee out front of his office open carrying whatever we want.
How is that even legal? It doesn’t matter what he claims as a rationale, errbudy knows he’s just trying to throw up more roadblocks to violate SCOTUS rulings. I’m so glad I live where LE doesn’t consider the public the enemy. The caliber and capacity stipulations make me wonder if this is the S.O.’s policy for Deputies. Lights & dot sights are common for L.E.As these days, but not for all.
Sheriff should be sued under Americans With Disabilities Act.
I have coached students (both youth and adults) who were legally blind, and incapable of using iron sights, hand them a weapon with optics, and they shot surprisingly well. Some better than the average shooter with iron sights.
The first sign of a Progressive Utopia is clown house legislation. Contra Costa County qualifies.