Peruta v. County of San Diego

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Peruta v. County of San Diego

EDWARD PERUTA, MICHELLE LAXSON,
JAMES DODD, DR. LESLIE BUNCHER,
CALIFORNIA RIFLE AND PISTOL ASSOCIATION FOUNDATION

       Plaintiffs,
   v.

COUNTY OF SAN DIEGO,
WILLIAM D. GORE
INDIVIDUALLY AND IN HIS 
CAPACITY AS SHERIFF,

      Defendants.

Introduction

Peruta v. County of San Diego is a Second Amendment case challenging the concealed carry license issuing policies in San Diego County. This case was started when Ed Peruta applied for his conceal carry license and was subsequently denied. He wished to carry for defense of self and family.

Ed then started the internal appeals process with the license division for the sheriff’s office. He painstakingly exhausted all administrative options for appealing the denial of his concealed carry license. After which Ed hired an attorney and filed a civil rights case in federal court. Both the County of San Diego, and Sheriff Gore himself are defendants in this case. The lawsuit was later amended and added several other plaintiffs including the CRPA Foundation which helped strengthen the case for the general public.

This case was lost in U.S. District Court on December 12, 2010. On December 14, 2010 and a Notice to Appeal has been electronically filed in the U.S. Court of Appeals for the 9th circuit.

Status

The 9th Circuit Case Number is: 10-56971.

See the 9th Circuit's page for the case here.

  • The 9th Circuit Court of Appeals has voted to take the case en banc. Briefs are already submitted, unless the Court requests supplements. Oral arguments will be the week of June 15. The panel of judges has not yet been announced.
  • The Attorney General of California had submitted a motion to intervene in the case Feb 27, 2014. Several 'amici' have submitted requests to the court to rehear.
The district court erred in denying the applicant’s motion for summary
judgment on the Second Amendment claim because San Diego County’s
“good cause” permitting requirement impermissibly infringes on the Second
Amendment right to bear arms in lawful self-defense.
REVERSED and REMANDED.
FOR THE LATEST FILINGS IN APPELLANT CASE GO HERE: Michel & Associates, P.C. Peruta v. San Diego.

The case was case number 3:09-cv-02371-IEG-BGS. Docket and was filed in U.S. District Court Southern District of California

  • June 1, 2012: with the opinion in Nordyke released, representatives for Peruta filed a 28j motion to set a hearing.
^This ruling ends the case in U.S. District Court.  The Judge found summary judgment for Sheriff Gore and Plaintiffs
lost the case on all points. In her written opinion the Judge wrote that UOC is okay for self defense and the Court 
does not need to decide whether the Second Amendment encompasses a right to carry a loaded handgun in public. 
  • October 18, 2010

......

  • October 4, 2010

......

  • September 3, 2010

......

^This motion asks the court to rule in favor of Plaintiffs in that Defendants’ policies and procedures 
challenged in this litigation violate the Second and Fourteenth Amendments of the United States Constitution
and unlawfully infringe upon Plaintiffs’ rights.  The rest of the arguments in dispute will still go forward to trial.
  • July 14, 2010 - Joint Motion for Protective Order GRANTED Signed by Magistrate Judge Bernard G. Skomal - A protected order will protect the privacy records of all the individuals for whom CCW licenses have :been denied or granted over the last several years. All the license applications and records will be critically examined by Plantiff's counsel.
  • June 25, 2010

......

Commentary and Analysis (Published News Articles)

Calguns Discussion Threads

Intent

This suit seeks to do two things.

  1. Seeks to establish "self defense" sufficient for Sheriff Gore's "Good Cause" requirement in San Diego County.
  2. Issue CCW licenses to all plaintiffs.

NOTE: County residency requirements were an issue early on in this case. However, an inspection of the undisputed facts in support of the partial MSJ filed on 9/3/2010 clearly shows that the residency requirement is no longer in dispute. This basically means that the County has ceded the challenge that Ed Peruta is a resident of San Diego County.

Case Files

All files are here