Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

AMICUS BRIEF FILED BY NRA IN NINTH CIRCUIT APPEAL

Friday, May 27, 2011

On Monday, May 23, 2011, the CRPA Foundation and a number of San Diego residents had attorneys from Michel & Associates, PC file 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. County of San Diego. (See the Opening Brief here).

On May 27, 2011, the NRA weighed in on this appeal with an amicus brief authored by former Solicitor General and renowned constitutional litigator, Paul Clement. The NRA’s brief reiterates the position NRA took in a previous amicus brief filed with the Ninth Circuit in the Nordyke v. King case, that infringements on fundamental rights, like the right to bear arms, must be reviewed under strict scrutiny. The brief continues though, arguing even if the “substantial burden” test that was ultimately adopted by the Ninth Circuit in Nordyke is the proper test for reviewing Second Amendment infringements, San Diego County’s CCW issuance policy still fails. (See NRA's amicus brief here).

NRA’s amicus brief is the second to be filed in this important case. On May 25, 2011, the Congress of Racial Equality (CORE) filed its amicus brief, authored by the renowned Second Amendment scholar, and author of "The Framer's Second Amendment," Stephen P. Halbrook, in support of Plaintiffs/Appellants in Peruta case The CORE brief emphasized how the right to “bear arms” does not stop at one’s doorstep, and gave a historical analysis of the Fourteenth Amendment, discussing how discretionary firearms licensing laws were an incident of slavery. (See CORE’s amicus brief here)

More amicus briefs are expected to be filed over the next few days.

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 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 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 and www.nraila.org.

TRENDING NOW
Report: House of Representatives to Vote on Two Gun Control Bills!

News  

Tuesday, March 2, 2021

Report: House of Representatives to Vote on Two Gun Control Bills!

According to reports from Capitol Hill, the Democrat-controlled U.S. House of Representatives plans to vote on two gun control bills as early as next week. The first bill, so-called “universal” background check legislation, would criminalize ...

H.R. 127 – A Bill Designed to Express Hostility Toward Law-Abiding Gun Owners

News  

Thursday, February 11, 2021

H.R. 127 – A Bill Designed to Express Hostility Toward Law-Abiding Gun Owners

All gun control bills share the same basic goal: a world in which fewer people own firearms. Some bills simply ban certain types of firearms or ammunition outright. Others place obstacles in the path of ...

Friday, February 5, 2021

Florida Alert! H.R. 127 - Federal Gun Control Proposal

Much is being said about H.R. 127 By Shelia Jackson Lee (D-TX) 117th Congress and we have had many folks contacting us seeking information. 

Tennessee: Pro-Gun Constitutional Carry Legislation Advances in Both Chambers – Faces Backlash from Fringe Fundraising Groups

Wednesday, March 3, 2021

Tennessee: Pro-Gun Constitutional Carry Legislation Advances in Both Chambers – Faces Backlash from Fringe Fundraising Groups

Today, House Bill 786 passed out of the House Criminal Justice Subcommittee, and now heads to the full committee.  Last night, the Senate Judiciary Committee approved NRA-backed Constitutional Carry legislation, Senate Bill 765, sending the measure to the ...

Connecticut: Firearm Seizure Bill Set for Committee Hearing

Thursday, March 4, 2021

Connecticut: Firearm Seizure Bill Set for Committee Hearing

Tomorrow, March 5, at 10:00 AM, the Connecticut Judiciary Committee will hold a public hearing on House Bill 6355, which will take away the constitutional rights of individuals, without adequate due process.

Canada’s Liberal Government: More Gun Control!

News  

Monday, February 22, 2021

Canada’s Liberal Government: More Gun Control!

Apparently acting on the impulse that the solution to one irrational gun control proposal is more of the same, Prime Minister Justin Trudeau’s Liberal government introduced a bill with new restrictions and prohibitions on February ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Biden Begins Gun Control Push

News  

Tuesday, February 16, 2021

Biden Begins Gun Control Push

On Sunday, President Biden used the three-year anniversary of the criminal attack in Parkland, Florida to call “on Congress to enact commonsense gun law reforms, including requiring background checks on all gun sales, banning assault weapons ...

March for Our Lives Issues Biden His Marching Orders

News  

Monday, March 1, 2021

March for Our Lives Issues Biden His Marching Orders

It’s widely understood that the current occupants of the White House, the Biden-Harris Administration, have positioned themselves as the most anti-gun team this country has ever seen on Pennsylvania Avenue. Leading up to the 2020 ...

Ohio: House Committee Hearing “Duty to Inform” Bill

Tuesday, March 2, 2021

Ohio: House Committee Hearing “Duty to Inform” Bill

Tomorrow, the House State and Local Government Committee is hearing House Bill 89 to amend Ohio’s “duty to inform” law.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

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.