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 has the potential to fix carry for San Diego County and like the Sykes v. McGinness case may even fix carry for all of California depending on what happens at trial. When we say "fix carry" we mean to say that when you apply for your CCW permit, the right of "self defense" is sufficient for "good cause" as it relates to California penal code 12050
The case will be argued in court around June 2011.
The case is case number 3:09-cv-02371-IEG-BGS. Docket filed in U.S. District Court Southern District of California
FUTURE EVENTS * May 16, 2011 - Final Pretrial Conference set for 5/16/2011 10:30AM in Courtroom 01 before Judge Irma E. Gonzalez * Dec. 9, 2010 - Mandatory Settlement Conference Set for 09:00 AM in Courtroom 12 before Magistrate Judge Bernard G. Skomal. * Nov. 1, 2010 (or soon after) - Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Cross-Motion for Summary Judgment shall be argued.
- September 8, 2010 - Order Granting Joint Motion to Adopt Stipulated Briefing Schedule by Chief Judge Irma Gonzalez
- September 3, 2010 - Motion for Partial Summary Judgment
^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.
- September 3, 2010 - Joint MOTION for Order to Adopt Stipulated Briefing Schedule The lawyers on both sides agree to a schedule and stipulations for the next filings with the court.
- 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 - Sheriff Gore's Claims of Insufficient Information
- June 25, 2010 - Request for Admission Request for Documents Interrogatories made to San Diego Sheriff's Dept.
- 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 - Amendment to complaint filed.
- 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 - Plaintiffs Complaint filed.
Commentary and Analysis
- Sept. 7, 2010 San Diego Sheriff’s Dept. sued over conceal carry gun permits by Kimberly Dvorak
- 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
- 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 either find "good cause" as unconstitutional or establish "self defense" sufficient for the California's "Good Cause" requirement.
- 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.