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Brady Center Applauds Dismissal of Suit Challenging California Gun Law

Suit Claimed Right To Carry Hidden Handguns in Public

Dec 11, 2010

Washington, D.C. -- On Friday, December 10, a federal judge in San Diego dismissed a gun lobby lawsuit claiming that the Second Amendment barred the County of San Diego from restricting the carrying of loaded and concealed handguns in public under California law.  

The case was being followed closely in legal circles, as it is the first decision in a series of lawsuits around the nation claiming that the recent Supreme Court decisions recognizing a Second Amendment right to possess a gun in the home for self-defense also provide a broad right to carry guns outside of the home, in public places.  The judge agreed with an amicus brief filed by the Brady Center to Prevent Gun Violence rejecting that argument.

“This decision correctly recognizes that the Second Amendment does not prevent states and communities from keeping loaded hidden handguns off their streets and out of their parks, schools, and bars,” said Brady Center President Paul Helmke.  “The courts, yet again, have rejected the gun lobby’s attempt to force all Americans to live under their ‘any gun, anywhere’ regime.”

Judge Irma E. Gonzalez dismissed the suit, Peruta v. County of San Diego, upholding California’s gun law that generally limits concealed carrying of guns to those who are found by law enforcement to have “good cause” to carry. The suit judge held that California’s law is reasonably related to the important government interest of protecting public safety.

The law firm of Hogan Lovells represented the Brady Center in this case.  James Chapin was lead counsel for the County of San Diego.

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The Brady Campaign is the nation's largest citizens' lobby to prevent gun violence. We represent the voice of the overwhelming majority of Americans who are tired of living with the constant tragedy of gun violence and are in favor of strong laws and policies that will save lives. We are the light that exposes politicians who are putting the American people at risk, empowering the American people to hold them accountable for decisions and actions that undermine public safety.

We are driven by the focused vision of a nation where all Americans are safe at home, at work, at school, and in our communities.

Dan Gross is the President of the Brady Campaign and the Brady Center to Prevent Gun Violence. A photo and more information about Dan Gross is available here.

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