Score Ninth Circuit Victory in Richards Carry Case

[Subdeacon Joe]

Bit by bit the wall is being chipped away. But, again, this is just one skirmish. The war still is being waged.

 

http://www.calgunsfoundation.org/2014/03/saf-cgf-score-ninth-circuit-victory-richards-carry-case/

 

FOR IMMEDIATE RELEASE: Wednesday, March 5, 2014

SAF, CGF Score Ninth Circuit Victory in Richards Carry Case

BELLEVUE, WA, and ROSEVILLE, CA – The Second Amendment Foundation and The Calguns Foundation earned a significant victory today when the Ninth Circuit Court of Appeals reversed and remanded the case of Richards v. Prieto, challenging the handgun carry license issuing policy of Yolo County, California, Sheriff Ed Prieto.

“Today’s ruling reinforces the Second Amendment’s application to state and local governments, and will help clear the way for more California citizens to exercise their right to bear arms,” said SAF founder and Executive Vice President Alan M. Gottlieb. “California officials have been put on notice that they can no longer treat the Second Amendment as a heavily-regulated government privilege.”

The case was originally filed in 2009 as Sykes v. McGinness, and challenged not only Yolo County’s policies, but Sacramento County’s then-restrictive practices as well. SAF, Calguns and two private citizens, Adam Richards and Brett Stewart, continued pursuing the case against Yolo County after Sacramento County agreed to relax its policy. Plaintiffs are represented by attorneys Alan Gura and Don Kilmer.

“We are confident that the win today will stand the test of time,” said Calguns Foundation Chairman Gene Hoffman.

The Richards case was argued at the same time, and to the same panel, that earlier decided Peruta v. County of San Diego, a similar case challenging overly-restrictive carry license policies. Yolo County and Sheriff Prieto argued that their policies were distinguishable from those struck down in Peruta, but apparently, the three-judge panel unanimously disagreed.

“The Ninth Circuit’s decision moves our Carry License Compliance Initiative forward,” explained CGF Executive Director Brandon Combs. “We’re already preparing the next phase of litigation to ensure that all law-abiding Californians can exercise their right to bear arms.”

Gottlieb noted that the battle over right-to-carry laws is far from over, but today’s Ninth Circuit decision reaffirms that court’s earlier ruling in the Peruta case and “moves the ball another step forward.”

“We will pursue Second Amendment affirmation wherever and whenever such cases are possible as SAF fights to win back gun rights one lawsuit at a time,” Gottlieb stated.

California carry license applicants can download state-standard application forms, legal information, and report unconstitutional policies or process issues at https://www.calgunsfoundation.org/carry.

 

 

 

 

[Virgil Ray Hality, SASS# 37355]

Good news all the same!