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APPEARS IN Legal & Legislation


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

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 and



Wednesday, November 25, 2015

Appropriations Act Signed Into Law With Important Pro-Second Amendment Provisions

On Wednesday, November 25, the President signed S. 1356, the National Defense Authorization Act for Fiscal Year 2016 into law. Included in the bill were some very important pro-gun provisions that represent the culmination of long-term efforts by ...


Friday, May 15, 2015

Obama Administration Opposes CMP Handgun Sales

The House of Representatives has approved Congressman Mike D. Rogers’ amendment to the National Defense Authorization Act, which—if accepted in ...

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 ...


Friday, November 20, 2015

“F” Stands for Fail: Gun Turn-in Event Nets a Stack of Paper Pledges and Some Surplus Sporting Goods

Recently, we reported on Hillary Clinton’s praise for local firearm “buyback” events and her view that forcing Americans to participate ...


Friday, November 27, 2015

President Obama Signs NRA-Backed Measures into Law

President Barack Obama signed into law the National Defense Authorization Act (NDAA). It includes several NRA-backed provisions -- expanding gun rights on stateside military bases; prohibiting the Environmental Protection Agency (EPA) from banning traditional ammunition; and saving taxpayer dollars ...


Friday, November 20, 2015

Anti-gun Politicians, Media Exploit Paris Attacks in “Terrorist Gap” Rehash

The Paris terrorist attacks were not easily pinned on America’s supposedly lax gun laws or the NRA, but ...


Friday, November 20, 2015

Brussels Pushes Gun Control in Wake of Paris Attacks

On November 18, the European Commission expedited a plan to overhaul the European Union’s already restrictive gun control laws. The ...


Friday, November 20, 2015

Overwhelming 81 Percent of Current and Former Military have Unfavorable View of Clinton

More bad news for Hillary Clinton. Coming off the heels of survey results that found the former Secretary ...

Washington Times  

Wednesday, November 25, 2015

White House to GOP: Worry about gun control

The White House said Monday that Republicans concerned about Syrian refugees waging terrorist attacks in the U.S. should focus their energy instead on banning guns sales to people on the government’s terrorist watch list.

Tuesday, November 24, 2015

Michigan: Governor Snyder Signs Firearm Inheritance Protection Act

Today, November 24, Governor Rick Snyder (R) signed Senate Bills 225 and 226.


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.