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
No Gov. Northam, Your Gun Ban is NOT Constitutional

News  

Friday, December 13, 2019

No Gov. Northam, Your Gun Ban is NOT Constitutional

As Virginia gun owners have shown their displeasure with Virginia Gov. Ralph Northam’s proposed attack on their rights in city and county meetings across the Old Dominion, Northam has been forced to answer questions about ...

Bloomberg Bought Virginia Legislators Introduce Confiscatory Gun Ban

News  

Monday, November 25, 2019

Bloomberg Bought Virginia Legislators Introduce Confiscatory Gun Ban

Michael Bloomberg’s bought and paid for Virginia legislators have wasted no time introducing legislation that would make the Old Dominion’s gun laws worse than those of the billionaire’s home state of New York.

Member Spotlight: Meet the hunter who stands up to those who call her a ‘murderer'

Hunting  

News  

Monday, December 9, 2019

Member Spotlight: Meet the hunter who stands up to those who call her a ‘murderer'

America’s hunters are increasingly under fire by political extremists. Hunter and philanthropic consultant Britt Longoria has been at the center of an online hate campaign by animal rights extremists who don’t understand where their food ...

Virginia Gov. Northam Seeks Gun Registration as Down Payment on Gun Confiscation

News  

Friday, December 13, 2019

Virginia Gov. Northam Seeks Gun Registration as Down Payment on Gun Confiscation

Virginia Gov. Ralph Northam (D) must think that Old Dominion gun owners are stupid. After months of Northam and his Michael Bloomberg-backed General Assembly allies advocating for the enactment of gun confiscation legislation, the governor ...

Pro-Gun Bill Introduced to Protect Lawful Gun Carriers from Federal-State Legal Trap

News  

Monday, December 9, 2019

Pro-Gun Bill Introduced to Protect Lawful Gun Carriers from Federal-State Legal Trap

Earlier this year, U.S. Sen. Mike Rounds (R-SD) introduced a bill that would protect persons lawfully carrying firearms under state law, including in those states that do not require a carry permit, from being snared ...

Crooked California: Bad Gun Control Laws Once Again Foster Official Corruption

News  

Monday, December 9, 2019

Crooked California: Bad Gun Control Laws Once Again Foster Official Corruption

In news that will not shock gun rights supporters, the anti-gun utopia of California has provided further evidence that unjust gun control laws invite official corruption. According to a press release from the U.S. Attorney’s ...

Massachusetts: Hearing on Bill to Mandate Doctors Push State’s Anti-Gun Agenda

Saturday, December 7, 2019

Massachusetts: Hearing on Bill to Mandate Doctors Push State’s Anti-Gun Agenda

On December 10th, the Massachusetts Joint Committee on Public Health will hear House Bill 2005 to impose a mandatory requirement for doctors to ask patients about firearms in their homes and for the type of ...

Kentucky: Committee to Consider Firearm Seizures Without Due Process

Friday, November 15, 2019

Kentucky: Committee to Consider Firearm Seizures Without Due Process

On Friday, November 22nd, the Kentucky state Interim Joint Committee on Judiciary will consider so called “red-flag laws.” Though no legislation has been introduced, such laws usually allow for Second Amendment rights to be suspended ...

NRA's Statement on Second Amendment Sanctuaries

News  

Friday, December 6, 2019

NRA's Statement on Second Amendment Sanctuaries

Read the NRA's statement on Second Amendment sanctuaries. “It is the tyrannical nature of politicians that triggers sanctuary, not the other way around...”

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.

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.