Appeal Filed In Lawsuit Challenging San Diego Concealed Carry Weapons Policies
Written by C D Michel
San Diego, CA --(Ammoland.com)- Acting quickly, on December 14, 2010, attorneys for the NRA, CRPA Foundation, and a number of San Diego residents filed a Notice of Appeal to the Ninth Circuit Court of Appeals seeking to overturn a Southern District Court ruling from December 10, 2010 that upheld San Diego Sheriff William Gore’s restrictive policies on issuing permits to carry concealed firearms.
California law allows a permit to carry a concealed firearm (CCW) to be issued if an applicant has “good cause.” The lawsuit asserts that under the Second Amendment, self-defense must constitute “good cause” for the issuance of a CCW, and that Gore’s requirement that an applicant demonstrate some special need or a specific threat in order to get a CCW is an unconstitutional restriction on the right to keep and bear arms; specifically, the right to carry a loaded firearm in public for self-defense.
In a nutshell, the District Court held that since California law allows unloaded open carry of handguns, rather than needing a CCW to defend yourself you can carry unloaded and openly, then act pursuant to a California law that requires you to wait until you are about to be attacked, then load your firearm.
Obviously, that is not an effective way to exercise your fundamental, individual constitutional right to defend yourself, nor to bear a firearm under the Second Amendment. In fact, as a self-defense strategy, it’s a risky tactic that might get you hurt or killed.
The plaintiff/appellants include several individuals who were either denied CCWs or do not qualify under the Sheriff’s strict issuance standards, as well as the CRPA Foundation. Copies of the court filings in the lawsuit can be viewed at http://michellawyers.com/perutavsandiego.
The lawsuit and appeal are being funded by the NRA-CRPA Foundation Legal Action Project (LAP). To fight for the self-defense civil rights of all Californians, the NRA and CRPA Foundation have joined forces. Through LAP, NRA/CRPAF attorneys fight against ill-conceived gun control laws and ordinances, educate state and local officials about available programs that are effective in reducing accidents and violence without infringing on the rights of law-abiding gun owners, and produce valid science about game and wildlife resource management. To contribute to the NRA/CRPAF Legal Action Project (LAP) and support this and similar efforts and Second Amendment litigation in California, visit www.crpafoundation.org.
CalGunLaws.com is an online research resource designed primarily for use by attorneys and interested firearm owners. CalGunLaws.com strives to provide easy access to and facilitate understanding of the multitude of complex federal, state, and local firearm laws and ordinances, administrative and executive regulations, case law, and past and current litigation that defines the California firearms regulatory scheme in theory and practice. CalGunLaws.com is designed and organized to make it easy to research the law and to locate source materials and related information.