Amicus Brief Filed by Congress of Racial Equality in NRA / CRPA Foundation Supported Lawsuit Challenging San Diego County’s Restrictive CCW Policies
San Diego, CA –-(Ammoland.com)- On Monday, May 23, 2011, the CRPA Foundation and a number of San Diego residents filed their opening brief in the Ninth Circuit Court of Appeals in their appeal seeking to overturn a U.S. district court ruling from December 10, 2010 that upheld San Diego Sheriff William Gore’s restrictive and unfair policies in issuing permits to carry concealed firearms.
The case is Peruta v. San Diego.
Today, May 25, 2011, the Congress of Racial Equality (CORE) filed a friend-of-the-court amicus brief in the Peruta case. The CORE brief emphasizes how the right to “bear arms” does not stop at one’s doorstep, and gives a historical analysis of the Fourteenth Amendment, discussing how discretionary firearms licensing laws were an incident of slavery.
Several more amicus briefs are expected to be filed over the next few days. To be kept up to date on these filings, subscribe to our alerts at www.michellawyers.com/subscribe.
California law allows a permit to carry a concealed firearm (CCW) to be issued if an applicant has “good cause.” The Peruta lawsuit asserts that under the Second Amendment, a desire for 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 carry a loaded firearm in public ready to be used for self-defense.
In a nutshell, the district court held that rather than needing a CCW to defend oneself, since California law allows unloaded open carry of handguns one can carry unloaded and openly, and then act pursuant to a California law that requires you to wait until you are about to be attacked, then load your firearm (see Cal. Pen. Code section 12031(j)). Because of the time needed to get an unloaded firearm ready to be used for self-defense, unloaded carry is not an effective way to exercise your fundamental, individual constitutional right to be ready and able to defend yourself under the Second Amendment. Plaintiffs are asking the Ninth Circuit to overrule the district court’s decision. (See opening appellate brief here).
The plaintiffs 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 and appeal can be viewed at https://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 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 or www.nraila.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. All of the articles are cross referenced. Note the two sections on the right: Related Items and Related Law. Related Items will take you to any article related to the one you are currently viewing. Related law takes you to the related law and statutes for the item you are looking at.