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Old September 15, 2012, 08:51 AM   #1
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,277
CA: Orange County Sheriff sued over carry permits

This just in from CA:

Quote:
September 13, 2012 – In response to continuing complaints from Orange County firearms owners and Second Amendment civil rights activists, attorneys for the National Rifle Association and the CRPA Foundation have filed a lawsuit against Orange County Sheriff Sandra Hutchens in U. S. District Court.

Orange County citizens should be able to exercise their fundamental right to bear arms, but they are precluded from doing so because they do not have what Sheriff Hutchens uniquely considers “good cause” for a license to carry a firearm in public.

The lawsuit seeks to compel her to issue those licenses, and asks the Court to enjoin Sheriff Hutchens from requiring license applicants to prove they have a special need, beyond the general need to defend themselves and their loved ones, for a license to carry before she will issue them one.

Just days after having filed the Complaint, plaintiffs filed a motion for preliminary injunction asking the Court to order Sheriff Hutchens to cease withholding permits. A copy of the Complaint and Motion for Preliminary Injunction is available here http://michellawyers.com/mckay-v-sheriff-hutchens/.

Calgunlaws.com News will keep everyone updated on the progress of this case. Subscribe to Calgunlaws.com e-bulletins to be kept informed.

SUPPORT THE NRA/ CRPAF LEGAL ACTION PROJECT

Seventeen years ago the NRA and CRPA joined forces to fight local gun bans being written and pushed in California by the gun ban lobby. Their coordinated efforts became the NRA/CRPA “Local Ordinance Project” (LOP) - a statewide campaign to fight ill conceived local efforts at gun control and educate politicians about available programs that are effective in reducing accidents and violence without infringing on the rights of law-abiding gun owners. The NRA/CRPA LOP has had tremendous success in beating back most of these anti-self-defense proposals.

In addition to fighting local gun bans, for decades the NRA has been litigating dozens of cases in California courts to promote the right to self-defense and the Second Amendment. In the post Heller and McDonald legal environment, NRA and CRPA Foundation have formed the NRA/CRPA Foundation Legal Action Project (LAP), a joint venture to pro-actively strike down ill-conceived gun control laws and ordinances and advance the rights of firearms owners, specifically in California. Sometimes, success is more likely when LAP’s litigation efforts are kept low profile, so the details of every lawsuit are not always released. To see a partial list of the LAP’s recent accomplishments, or to contribute to the NRA or to the NRA / CRPAF LAP and support this and similar Second Amendment cases, visit www.nraila.com and www.crpafoundation.org. All donations made to the CRPA Foundation will directly support litigation efforts to advance the rights of California gun owners.
In addition to the source at Michel & Associates, the case has been recapped. The Docket and associated filings are here: Docket

The lead attorneys are Carl (Chuck) Michel, Glenn McRoberts and Sean Brady (a member of TFL), all attorneys for Michel & Assoc. Filed on Sept. 5th in the the US District Court for the Central District of CA.

An amended complaint was filed on Sept. 7th. On Sept. 11th, a Motion for a Preliminary Injunction (MPI) was filed.

Due to fairly recent changes in CA law, most CA residents/citizens are prohibited from almost any form of carry, except by permit and such permit is a concealed carry permit.

This lawsuit is tailored to the CA requirement (and discretionary use by the permitting officials) of "good cause." The suit also advances the 1A concept of "prior restraint" as it applies to the 2A.
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