TORRANCE, Calif. — In a July 8, 2025, hearing at Los Angeles Superior Court in Torrance that highlighted tensions between evolving gun laws and law enforcement compliance, Commissioner Brad Miles Fox denied a judicial diversion request for an individual facing improper firearm carry charges.
While leaving the door open for reconsideration, the commissioner scheduled a follow-up hearing for Aug. 26 to allow further examination of systemic issues affecting concealed carry permits.
Deputy Alternate Public Defender David Schwartz argued for judicial diversion for the accused, who had previously made efforts to legally obtain a concealed carry license for their three registered firearms.
Schwartz highlighted the accused’s stable employment as a Coast Guard member and their current waitlist status with the Los Angeles Police Department to obtain the license.
The defense brought to the court’s attention that the LAPD is currently facing criticism and a lawsuit for failing to process concealed carry applications or issue permits.
“The LAPD is currently being sued for not issuing permits, a situation deemed unconstitutional,” Schwartz told the court.
Deputy District Attorney Andrew Akira Baeza countered by noting three firearms were present in the accused’s vehicle at the time of arrest, all registered to him.
The prosecution also brought attention to a prior improper carry charge from 2012, which the commissioner cited as concerning when considering diversion.
“Given the [accused] had some [violations of concealed carry] years ago, a judicial diversion does not seem appropriate,” the commissioner stated.
According to the defense, the 2012 violation occurred during a time when, prior to 2022, “it was impossible to get a concealed carry license” in California due to laws prohibiting firearm possession.
The defense argued this prior law was unconstitutional, violating the Second Amendment right to bear arms.
Though the law has since changed, Schwartz said the Los Angeles Police Department “is not complying.”
The commissioner acknowledged the legal change but asked, “But it was still illegal back in 2012, right?”
Schwartz affirmed it was.
“Then it was illegal to have concealed carry,” Commissioner Fox said. “The law has changed, but the act was illegal. A judicial diversion is not right.”
The California Rifle and Pistol Association (CRPA) is suing the LAPD, affirming the difficulty of applying for a concealed carry license.
“Applications were hard to get. And LAPD demanded extraordinary and unreasonably ‘good cause’ to be proven by an applicant,” the association states.
“There were only four active CCW [Carry Concealed Weapon] permits despite the city’s population of 3.8 million people.”
In addition to many application requirements, the CRPA reports wait times are extremely long, with applicants being told in emails to expect delays of 18 to 22 months.
The denial was issued without prejudice, and the commissioner allowed an opportunity for the defense to renew the motion on Aug. 26 to compile additional information about the LAPD’s backlog and its effect on the accused’s case.
