Lawsuit Targets Glendale, CA Over Gun Ban On Public Property

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California – -(AmmoLand.com)- The Second Amendment Foundation and its partners today filed a federal lawsuit asking for declaratory and injunctive relief against the City of Glendale, Calif., its police chief and city clerk. The case is known as CRPA v. Glendale.

Joining SAF are the Gun Owners of California and the California Rifle & Pistol Association. They are represented by attorneys Chuck Michel, Joshua Robert Dale, Konstadinos T. Moros of Long Beach, and Donald Kilmer of Caldwell, Idaho. In addition to the City of Glendale, the defendants are Police Chief Carl Povilaitis and City Clerk Suzie Abajian in their official capacities. The complaint was filed in U.S. District Court for the Central District of California, Western Division.

“The City of Glendale’s municipal code generally bans possession of firearms and ammunition on any city property, with no exception for citizens with concealed carry permits,” said SAF founder and Executive Vice President Alan M. Gottlieb. “This ban applies not just to city property, but also publicly-controlled property or public-affiliated private property, with the only exceptions being streets, roads and sidewalks. Such restrictions relegate the right to keep and bear arms to the status of a strictly-regulated government privilege.

“Our lawsuit is blunt,” he continued. “The Glendale ordinance is unconstitutional. The Supreme Court has made it clear that the right to keep and bear arms for personal protection extends outside the home. As we note in our complaint, the burden is on the city to prove that all areas falling within the definition of ‘city property’ are so-called ‘sensitive places,’ and they cannot do it.”

As explained in the 24-page complaint, the city has 47 parks and recreation facilities (including four community centers, one golf course, three soccer fields, and sixteen ball fields), playgrounds, eight public libraries, three downtown parking structures and other city-owned or operated parking lots, the Glendale Civic Auditorium and civic center complex, a youth center, an emergency center, undefined “open spaces” and “plazas,” and an unknowable amount of properties in the possession of private companies under contract with the city.

“That broad definition essentially turns much if not most of the city into a gun-free zone where Second Amendment rights do not exist, and that simply doesn’t pass the smell test,” Gottlieb stated. “We are hopeful the court quickly recognizes this and grants our request.”


Second Amendment Foundation

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

Second Amendment Foundation

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Montana454Casull

The only place that qualifies as sensitive resides in these clowns heads , that are passing these unconstitutional bans on concealed carry . It appears they suffer from GDS (gun derangement syndrome) .

Laddyboy

Time to hit the Anti-gunner CONTROLLERS in the pocketbook. THAT is the only thing they think about — $$$$$$$$$ and control!

totbs

The problem is that these anti-gunners get to hide behind their legislator immunity. Until this changes, there isn’t any personal risk, financial or penal. It doesn’t matter how many lawsuits are filed against them, the cost comes out of the taxpayer’s pocket, and if the pol gets their legislation rescinded on grounds, they never pay a penalty.

gooder12

I have been a card-carrying CC permit card in SD since they first started issuing them. Before that it was illegal period. Now SD has a Free Law CC is legal for we the people of SD, but they don’t tell us The Truth. The new free cc law does not include any rights in other states, and you can get those by Paying To Play by buying the good old CC Permit provided you pass the review by our LE. Even with the Pay to Play SD still imposes many No Carry Areas, such as Bars (and I believe… Read more »

Bob

Why is it necessary to file federal lawsuits every time a city or county government infringes on the right to carry even with a permit? Maybe people should just carry, get arrested, and then file lawsuits suing for damages.

Wild Bill

Well, it is true that you can’t sue for civil rights violations unless you get violated, but an automatic mechanism for watching, and arresting city, county, state, and even federal government employees, to include legislators, that violate the civil rights of Americans would be better.

Maybe a Government Worker Civil Rights Violator division of DOJ or a Peoples’ Civil Rights Committee with complete freedom of arrest authority and immunity from prosecution privilege.

Last edited 1 year ago by Wild Bill
Oldman

While I agree to your point, it seems to me that, at this time, it is all pie in the sky. We have to make some inroads to even have a chance at that. Nov. 8 is looming, folks……..let’s get out there and make it happen!

Stripeseven

Title 18, U.S.C., Section 242