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The brothers’ lawyers, led by Mark Geragos and Cliff Gardner, paint Hochman’s action as motivated by politics, not legal reasoning, as case law requires.

While the law was not a “precise match” to historical weapons restrictions, “it does not need to be,” Graber wrote, citing previous case law.

“There's there's a lot of case law that backs up the facts he doesn't have the authority to do that,” Berardi told Salon.

“If you look at the case law, that’s the kind of language courts find clearly demonstrates racial animus,” she said.

Under current case law, however, public officials cannot condition their subordinates’ employment on their politics.