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CalGuns Fdn and SAF challenge Calif carry permit law
Posting about it here, with link to the complaint. Filed in Federal District Court, attorneys Alan Gura and Don Kilmer.
It builds up their recent 9th Circuit incorporation win, by challenging California's carry permit system as applied in two counties. The system gives sheriffs absolute discretion in issuance, and in those county the sheriffs simply refuse to issue any. In theory, it's may issue, but in practice it's a ban, on carrying at least.
As in the other cases, very careful choice of plaintiffs and targeting of defendants.
Pair that off with their challenge to California's list of approved handguns, and it's an excellent expansion of the attack. Heller gets the right recognized, Nordyke gets it incorporated, these will hopefully lay groundwork that it cannot be arbitrarily curtailed, and move onward from there.
Comments
I think that Mr. Gura, et al could find very fertile groung here in Massachusetts with our carry laws. Boston in particular, unless you're very "special", you can pretty much forget about getting a Class "A" LTC issued for "All Lawful Purposes". In the cradle of liberty, some folks are just more equal than others. Go figure.
Posted by: Greg in Allston at May 5, 2009 03:59 PM
Go CGF, GO!!!
Posted by: jdberger at May 5, 2009 04:12 PM
Greg, you are probably correct, but the 2A has not been incorporated in the 1st Circuit Court of Appeals.
Posted by: Carl in Chicago at May 5, 2009 06:47 PM
Hi Carl, I know that it's a long row to hoe here in Ma. We've got the template with Heller, Nordyke and likely Chicago. It seems to me that Ma. would be the perfect test bed for equal protection and due process. I'm an engineer and not a lawyer, but having looked at the issues here long and hard for a considerable amount of time, I just can't fathom why the right resources and talent haven't been directed at the total nonsense that are the Ma. gun laws and permitting system. The legislature here is all but useless and GOAL has proven themselves, time and again, all but impotent. Even with yesterday's ruling by the Ma. SJC regarding illegal possession, things here aren't likely to get any better for a long time. It seems to me that it would be very easy to find a handful of just the right people who've had All Lawful Purpose LTCs denied for arbitrary and capricious reasons by their local issuing authorities and file suit as in Parker/Heller. I have no idea why that hasn't happened here. What am I missing? What would you do if you could start the process of correcting the awful state of affairs we here in Ma. find ourselves in?
Posted by: Greg in Allston at May 5, 2009 07:43 PM
The Approved Handgun list is particularly pernicious and is having an extremely chilling effect on the lawful purchase of handguns.
You have to admire the Assembly for their inventiveness in recasting Southern laws to the new Jim Crow circumstances.
Posted by: Jim D. at May 5, 2009 08:15 PM
you mean JUAN CRUZ circumstances.
Posted by: Mike123 at May 5, 2009 08:21 PM
Greg - you ask "what would you do if you could start the process of correcting the awful state of affairs we here in Ma. find ourselves in?".
May I suggest that you start by studying the Calguns.net and Calguns Foundation model. IIRC the Chairman, Mr. Hoffman, referred to it as "an army of Davids".
I'm honored to be a part of it.
Posted by: jdberger at May 6, 2009 11:33 AM
W00t! Go CGF! Totally becoming a member if it ends up that the family & I move back there.
Posted by: JT at May 6, 2009 11:42 AM