LITIGATION FOR LIBERTY

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 licenses 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 licenses 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 license 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 license 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.

[All emfasis has been added by David.]





David