Guns

Brady Center: Fed Court Must Uphold Calif. Gun Law

| by Brady Campaign

WASHINGTON --- The Legal Action Project of the Brady Center to Prevent Gun Violence filed an amicus brief today in federal court in California in defense of San Diego County’s concealed handgun permitting process in Peruta v. County of San Diego.

The California Pistol & Rifle Association and five individuals sued San Diego County and its sheriff, claiming a constitutional right to carry loaded guns in public places, and challenging California’s "may issue" permitting process, under which law enforcement officers determine who has “good cause” to receive a permit allowing them to carry a concealed handgun in public places. 

The Brady Center argues that the U.S. Supreme Court’s recent decisions in District of Columbia v. Heller and McDonald v. Chicago held only that there is a Second Amendment right to possess guns in the home for self-defense, and do not require San Diego County to change its permitting process.

“The people of California have made the reasonable decision to keep people from legally carrying loaded guns in their streets, parks, and businesses, unless law enforcement determines someone has good cause to be armed,” said Brady Center President Paul Helmke.  “The Constitution does not require people to be subjected to the grave risks of more loaded guns as they go about their daily lives.   The Second Amendment should not be rewritten as a mandate for the gun lobby’s ‘any gun, anywhere, for anybody’ agenda.”

The brief was filed in U.S. District Court for the Southern District of California, in support of San Diego County’s motion for summary judgment.  The law firm of Hogan Lovells provided pro bono assistance.