PARTIAL MOTION FOR SUMMARY JUDGMENT FILED IN SAN DIEGO CCW CASE - PERUTA, ET AL. v. SAN DIEGO COUNTY PDF Print E-mail
Written by C D Michel   
Friday, 03 September 2010 22:42

On September 3, 2010, attorneys from the law firm of Michel & Associates, PC filed a motion for partial summary judgment in a case filed in the United Stated District Court for the Southern District challenging the CCW issuance policies and practices of the San Diego Sheriff’s Department. Specifically, the suit asserts that self-defense constitutes "good cause" for the purposes of Cal. Pen. Code section 12050, and that the requirement that an applicant demonstrate documentary evidence of some specific threat is an unconstitutional restriction on the right to keep and bear arms under the Second Amendment.

The motion also asserts violations of the Equal Protection Clause, based on allegations that the Sheriff issues CCWs to politically connected people more readily than to the general public.

A more detailed article will be posted after the holiday weekend. To view the partial motion for summary judgment click 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, making this a NRA–CRPA Foundation Local Action Project sponsored lawsuit.

To fight for the self-defense civil rights of all Californians, the NRA and CRPA Foundation have joined forces to create the Legal Action Project (LAP). Through LAP, NRA/CRPAF attorneys fight against 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.

 

Last Updated on Monday, 25 October 2010 12:54
 

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