Challenging a CCW denial in Orange County, California

Hi,

My name is Cody Brownstein. I’m a resident of Orange County, California. I created this site to document how I’m challenging the determination that I’m disqualified from being issued a CCW license.

My case challenging the determination that I’m disqualified from being issued a CCW license, see Penal Code section 26206, was the first heard in Orange County. My case was presided over by Judge Mena Guirguis in Department 65 at the Central Justice Center.

Judge Guirguis was always professional and respectful. He allowed me to fully present my case and carefully considered my case. Although he ruled against me and I’m certain he erred by doing so, I understand why he ruled the way he did.

Comments? Questions? Email me.

People v. Brownstein, O.C. Super. Ct., case no. 30-2024-01403673-CU-JR-CJC

Date Document Comments
7/3/2024 Notice of Demurrer and Defendant's Demurrer to Plaintiff's Complaint; Memorandum of Points and Authorities in Support of Demurrer; Declaration of Cody Jay Brownstein in Support of Demurrer [PDF] The Court overruled my demurrer / denied my motion for judgment, on the ground that there's no complaint alleging causes of action.
7/30/2024 People's Response to Demurrer [PDF] The deputy DA representing the People, Ray Gennawey, and I spoke on the phone before the response was filed. Mr. Gennawey let me know ahead of time that he wouldn't be addressing my constitutional arguments. Rather, he'd be arguing essentially, the law is what it is.
7/30/2024 Memorandum of Points and Authorities in Reply to Plaintiff's Opposition to Defendant's Demurrer [PDF]
8/6/2024 Minute Order (denying petition challenging disqualified person determination) [PDF] "The applicants argument that an ex parte restraining order, whether domestic violence or civil harassment, may be issued based on false allegations is well taken. The Court completely understands the applicant's due process and constitutional arguments. [¶] This appears to be a case of first impression and the Court relies on a strict reading of the statute. The statute does not make a distinction for temporary restraining orders. Therefore, because a valid restraining order was issued against the applicant within the last 5 years, he is disqualified."
9/30/2024 Notification of Filing Notice of Appeal [PDF]
10/31/2024 Appellant's Proposed Settled Statement [PDF]

Brownstein v. Orange County Sheriff’s Department et al., C.D. Cal., case no. 8:24-cv-00970-SSS-AS

Date Document Comments
8/18/2024 First Amended Complaint for Injunctive Relief, Declaratory Relief, and Compensatory Damages [PDF]
9/20/2024 Defendant Rob Bonta's Answer to Plaintiff's First Amended Complaint for Injunctive Relief, Declaratory Relief, and Compensatory Damages [PDF]
9/20/2024 Defendant Orange County Sheriff's Department's Answer to First Amended Complaint [PDF]
11/30/2024 Notice of Motion and Plaintiff's Motion for a Preliminary Injunction [PDF]; Memorandum of Points and Authorities in Support of Plaintiff's Motion for a Preliminary Injunction [PDF]; Declaration of Cody Jay Brownstein in Support of His Motion for a Preliminary Injunction [PDF]; Exhibit 1 to Declaration of Cody Jay Brownstein [PDF]; Exhibit 2 to Declaration of Cody Jay Brownstein [PDF]; Proposed Order Granting Plaintiff's Motion for a Preliminary Injunction [PDF] Cases worth looking at: New York Rifle & Pistol Association v. Bruen, 142 S. Ct. 2111 (2022); Baird v. Bonta, 81 F.4th 1036 (2023)
11/30/2024 Plaintiff's Case Management Report [PDF]