Ninth Circuit hears gun owner’s challenge against California county that denied permit over motorcycle club ties

California gun laws often put local sheriffs in the position of deciding who gets to carry a concealed firearm for self-defense. In one ongoing case, a resident named Kenneth Shilling is pushing back against San Diego County after officials revoked his concealed carry permit. The reason centered on his ties to the Boozefighters Motorcycle Club, which the sheriff’s office labeled a criminal street gang under an internal policy. Shilling says this decision crossed lines protected by both the First and Second Amendments.

His lawyer told a three-judge panel of the Ninth Circuit on Wednesday that the county’s approach amounts to guilt by association. Even though Shilling later received a permit, the underlying policy remains in place and could affect others. The arguments highlighted how sheriffs across California apply standards that vary by county, sometimes relying on unpublished criteria that go beyond state law.

The Background of the Dispute

Kenneth Shilling held a concealed carry weapon permit until a change in sheriff leadership led to its revocation. San Diego County Sheriff Kelly Martinez’s office used an internal, unpublished policy that classified the Boozefighters as a criminal street gang. Membership alone made Shilling appear dangerous in their eyes, regardless of any personal criminal record.

This approach clashed with shifts after the Supreme Court’s Bruen decision. California updated its concealed carry rules in 2024, dropping the old “good moral character” test for more objective criteria. Yet counties still handle applications differently, and critics point to delays or denials that feel arbitrary. Shilling’s team argues the motorcycle club label punished protected association without enough evidence tied to him individually.

Constitutional Questions at Stake

Shilling’s lawsuit claims violations of his right to free association under the First Amendment and his right to bear arms under the Second. The district court dismissed the case, citing immunity for the sheriff and other procedural issues. At the Ninth Circuit, his attorney Gary Gorski pressed for revival, warning that blanket policies like this could expand to other groups.

Judges on the panel, including Trump appointees Kenneth Lee and Patrick Bumatay along with Biden appointee Jennifer Sung, probed the limits of county discretion. Gorski used hypotheticals, such as labeling lawyers or bar members dangerous, to illustrate potential overreach. The county maintains its process protects public safety, but the challenge tests whether such associations justify denying permits without individualized findings.

How Permitting Works in California Counties

Sheriffs across the state issue concealed carry permits, leading to uneven standards. Southern California counties have drawn attention for processing times and strict reviews. Los Angeles County faced its own federal scrutiny over delays. San Diego’s policy stands out here for targeting specific organizations like motorcycle clubs.

Post-Bruen reforms aimed to make the system shall-issue for qualified applicants. Denials now require clear disqualifiers. Shilling’s case shows how local interpretations can still create hurdles. Even with a permit now in hand, his suit seeks an injunction against the classification practice to prevent future harm to others in similar situations.

What Comes Next for This Challenge

The Ninth Circuit panel has not indicated when it will rule. Either side could seek rehearing by the full court or appeal further to the Supreme Court. The outcome could clarify how far counties can go in using group affiliations for permit decisions.

Gun rights advocates watch closely because similar association-based denials appear elsewhere. The case touches on broader tensions in California between public safety concerns and individual rights after major Supreme Court guidance on carry laws. Observers expect the decision to influence how sheriffs review applications involving clubs or organizations.

This hearing reflects ongoing friction in Second Amendment litigation within the Ninth Circuit. Outcomes here often shape practices for millions of residents navigating state and local firearm rules.