SAF Files Amicus Brief in San Diego County Gun Permit Case [View All]

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http://www.digitaljournal.com/pr/325622


BELLEVUE, Wash., June 1, 2011 /PRNewswire-USNewswire/ -- The Second Amendment Foundation has filed an amicus brief in a California case that challenges the constitutionality of discretionary gun permit rules adopted by officials in San Diego County, California.

The brief, submitted by attorney Alan Gura, is also on behalf of the Calguns Foundation and two Yolo County residents, Adam Richards and Brett Stewart, who are parties to a separate, but fundamentally related lawsuit. The case at hand, Peruta v. San Diego County, is now on appeal to the Ninth Circuit Court of Appeals in San Francisco.

At issue in both cases is the broad discretionary authority exercised by California authorities under existing statute in the issuance of carry permits. Edward Peruta's lawsuit against San Diego County challenges the constitutionality of "good cause" criteria used as a basis for issuing or, more typically, denying a permit to carry. SAF has filed an appeal in its own case, Richards v. Prieto, in the Ninth Circuit.

"To be sure," Gura writes in his amicus brief, "(officials) are able to license the carrying of handguns in the interest of public safety. But they must not be in the business of judging people's character, or forcing individuals to prove a sufficiently good reason for wanting to exercise something that is their right."

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Gura is the same guy that won Heller and McDonald. No matter who wins here this will likely go to SCOTUS. A win by Gura would be devastating to the gun controllers in the remaining may-issue states.