Peruta v. County of San Diego
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.
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.
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.
- Feb 13, 2014 Opinion
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.
- May 23, 2011 Appeal brief filed.
- December 14, 2010 - NOTICE OF APPEAL filed.
- December 12, 2010 - The Court DENIES Plaintiff's Motion for Partial Summary Judgment; and GRANTS Defendant's Motion for Summary Judgment.
^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.
- November 15, 2010 - Oral Arguments Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Cross-Motion for Summary Judgment
- November 8, 2010 - Declaration of Stephen Helsley in support of Sur Reply...
- November 8, 2010 - Peruta Sur Reply
- November 1, 2010 - Defendant Gore’s Reply, and Points and Authorities in Support of Motion for Summary Judgment
- October 20, 2010 - Order granting Joint MOTION for to Modify Case Scheduling Order by Magistrate Judge Bernard G. Skomal
- October 19, 2010 - Order granting Plaintiffs' motion to seal for exhibits L through O. by Chief Judge Irma E. Gonzalez.
- October 18, 2010
- October 4, 2010
- October 4, 2010 - Brief of Amicus Curiae Brady Center to Prevent Gun Violence filed.
- September 8, 2010 - Order Granting Joint Motion to Adopt Stipulated Briefing Schedule by Chief Judge Irma Gonzalez
- 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.
- August 31, 2010 - County Response to Interrogatories and Discovery
- August 6, 2010 - Case Management Conference order regulating discovery and other pretrial proceedings
- 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.
- July 9, 2010 - ANSWER to (25) First Amended Complaint with Demand for Jury Trial by William D Gore. Added jury trial demand to text
- July, 8, 2010 - Joint MOTION for Protective Order
- June 28, 2010 - Amendment GRANTED Signed by Hon. Irma E. Gonzalez
- June 25, 2010
- April 29, 2010 - Magistrate Judge Bernard G. Skomal is now assigned to the case
- January 14, 2010 - Motion to dismiss DENIED by Hon. Irma E. Gonzalez
- November 11, 2009 - Motion to dismiss complaint by defendants filed
- October 10, 2009 - Plaintiff's Complaint filed.
Commentary and Analysis (Published News Articles)
- December 13, 2010 Judge Rules For San Diego In Concealed Carry Challenge by John Richardson - No Lawyers - Only Guns and Money
- December 13, 2010 Federal judge upholds county concealed weapons program San Diego Union Tribune by Greg Moran
- November 28, 2010 Group sues county and sheriff over concealed-weapon permits San Diego Union Tribune By Kristina Davis and Greg Moran
- Novemer 20, 2010 CCW Gun rights advocates sue County of San Diego and Sheriff Gore By Kimberly Dvorak
- November 17, 2010 Federal ruling could mean more concealed weapon permits for California by Chris Hinyub
- November 13, 2010 A few comments from Ed Peruta on the eve of Peruta v San Diego et al CCW hearing by Charles Nichols
- November 4, 2010 San Diego Sheriff Gore's response to the Peruta CCW case - Part 2 by Charles Nichols
- November 4, 2010 San Diego Sheriff Gore's response to the Peruta CCW case - Part 1 by Charles Nichols
- October 27, 2010 The Socialist Republics of Massachusetts and California by John Haughey
- October 30, 2010 Amicus brief in Calif. concealed carry case by David Kopel
- October 20, 2010 More evidence of police favoritism in Peruta v San Diego gun case by Charles Nichols
- October 6, 2010 Peruta v San Diego CCW case likely delayed by Charles Nichols
- October 5, 2010 Brady Center: Fed Court Must Uphold Calif. Gun Law by Brady Center
- Sept. 24, 2010 Latest on Heller v D.C. - Heller 2 by Charles Nichols (This article speaks to Peruta)
- Sept. 7, 2010 San Diego Sheriff’s Dept. sued over conceal carry gun permits by Kimberly Dvorak
- Sept. 6, 2010 Concealed Carry of handguns imminent? by Charles Nichols
- July 18, 2010 Right to carry a concealed handgun advances by Charles Nichols
- May 12, 2010 Right to carry a concealed handgun passes hurdle - Part 2 by Charles Nichols
- May 12, 2010 Right to carry a concealed handgun passes hurdle - Part 1 by Charles Nichols
- Feb. 10, 2010 Second Amendment lawsuit takes aim at San Diego Sheriff Gore by Kimberly Dvorak
Calguns Discussion Threads
- Richards (Carry): Peruta plaintiffs oppose same day/panel - June, 2011
- Peruta v. San Diego: Three More Amici Briefs Filed - June, 2011
- Peruta v. San Diego: NRA Files Amicus Brief in Ninth Circuit CCW Case - June, 2011
- Peruta: SAF/CGF Amicus filed - June, 2011
- Peruta: Opening Appellate Brief Filed (Carry) - June, 2011
- Peruta v. San Diego: ILEETA Files Amicus Brief in Ninth Circuit CCW Case - June, 2011
- Peruta v. San Diego: Congress of Racial Equality files brief in CRPAF CCW Case - May, 2011
- Peruta is on Appeal to the 9th Circuit Court of Appeals - December 2010
- Post-Peruta Thoughts, and What We As Gun Owners Need to Do Next... - December, 2010
- David Kopel files Amicus -- Peruta vs. San Diego, November, 2010
- More October Filings in Peruta v. County of San Diego, October, 2010
- Oral Arguments in Peruta...Plaintiffs' MSJ Denied Update on post 388 - October, 2010
- Brady Center has taken an interest in the Peruta v. County of S.D. case - October, 2010
- Will a Sykes/Peruta win be stayed while being appealed - October, 2010
- Partial MSJ Filed in Peruta - September, 2010
- Peruta v. County of San Diego - July, 2010
- Sykes and Peruta cases, what if. - June, 2010
- (CRPA) Peruta v. San Diego: Motion to Amend Complaint Granted - June, 2010
- GUN CARRY WIN! 'Peruta v. SD Co. & Sheriff Gore' - Motion to Dismiss DENIED!!! - January, 2010
This suit seeks to do two things.
- Seeks to establish "self defense" sufficient for Sheriff Gore's "Good Cause" requirement in San Diego County.
- 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.