Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: 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
New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

Thursday, December 4, 2025

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

On Thursday, December 4, the Senate Law & Public Safety Committee advanced legislation that could potentially weaponize local zoning laws against outdoor shooting ranges. According to the bill statement, “This bill requires a municipality in which ...

North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

Tuesday, December 2, 2025

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

On November 25th, Howell, in Monmouth County, became the 12th municipality in New Jersey to refund all or substantially all the fees required to obtain a permit to carry. The list now includes towns in ...

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Wednesday, December 3, 2025

Florida: Pro-Gun Bill Repealing Adult Age Discrimination Advances to House Vote

Yesterday, the House Judiciary Committee voted 13-7 to favorably report pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. The bill now heads to the full House, where it is ...

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

News  

Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

Delaware: Permit to Purchase Goes Into Effect

Friday, November 21, 2025

Delaware: Permit to Purchase Goes Into Effect

On Monday, Permit to Purchase legislation went into effect in Delaware. The new law imposes a Maryland-style “handgun qualified purchase card” and a handgun transfer registry.  

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

News  

Monday, November 24, 2025

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

In August, the Trump White House released an article titled, Yes, Chicago Has a Crime Problem — Just Ask its Residents, which pointedly noted that for “13 consecutive years, Chicago has had the most murders of ...

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.