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Constitutional Law

: Of Arms and the Law

CalGuns Fdn and SAF challenge Calif carry permit law

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Posting about it here, with link to the complaint. Filed in Federal District Court, attorneys Alan Gura and Don Kilmer.

It builds up their recent 9th Circuit incorporation win, by challenging California's carry permit system as applied in two counties. The system gives sheriffs absolute discretion in issuance, and in those county the sheriffs simply refuse to issue any. In theory, it's may issue, but in practice it's a ban, on carrying at least.

As in the other cases, very careful choice of plaintiffs and targeting of defendants.

Pair that off with their challenge to California's list of approved handguns, and it's an excellent expansion of the attack. Heller gets the right recognized, Nordyke gets it incorporated, these will hopefully lay groundwork that it cannot be arbitrarily curtailed, and move onward from there.

Full post as published by Of Arms and the Law on May 05, 2009 (boomark / email).

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