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NRA/CRPA FOUNDATION LEGAL ACTION PROJECT SUPPORTS LEGAL CHALLENGE TO SAN DIEGO POLICY ON CARRYING CONCEALED FIREARMS

Tuesday, May 11, 2010

Attorneys for the California Rifle and Pistol Association Foundation and several individual plaintiffs recently filed an amended Complaint in U.S. District Court in San Diego challenging San Diego Sheriff William Gore’s policies in issuing permits to carry concealed firearms. The lawsuit alleges that San Diego’s policies are illegal and unconstitutional in multiple respects, one of which is that they infringe of the fundamental individual right to keep and bear arms guaranteed by the Second Amendment.  The lawsuit seeks to stop San Diego’s arbitrary and capricious denial of permits to law abiding county residents.

The case challenges the application of California Penal Code section 12050, which allows a sheriff or police chief to issue a permit where “the person applying is of good moral character, that good cause exists for the issuance,” and that the person is a resident of that county.  Under this law, sheriffs and chiefs of police often implement subjective standards for “good cause,” as well as residency requirements that are not constitutionally permissible.   The Complaint was originally filed in October 2009 by a local activist. It survived a motion brought by the County to dismiss the case.  In the Order denying that motion, the Judge confirmed that the constitutional claims were valid, and that the County’s arbitrary permit issuance policy may very well be unconstitutional.  The amended Complaint adds both more plaintiffs and more legal claims for relief. Documents relating to the case are posted at www.calgunlaws.com.

The lawsuit is being funded by the NRA / CRPAF Legal Action Project (LAP). LAP is a joint venture between the Nation Rifle Association (NRA) and the California Rifle and Pistol Association (CRPA) to advance the rights of firearms owners in California. Through LAP, NRA/CRPA attorneys fight against ill-conceived gun control laws and ordinances, and 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. 

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.