The Second Amendment Foundation, healing The Calguns Foundation and three California
residents today filed a lawsuit seeking to vindicate the right to bear arms
against arbitrary state infringement.
Nearly all states allow qualified law-abiding citizens to carry guns for
self-defense, stuff but a few states allow local officials to arbitrarily decide who
may exercise this core Second Amendment right. In the action filed today,
Plaintiffs challenge the policies of two California Sheriffs, in Sacramento and
Yolo counties, who reject the basic human right of self defense by refusing to
issue ordinary people gun carry permits. Of course, violent criminals in the
impacted counties continue to carry guns without police permission.
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State scientist Deanna Sykes believes her sexual orientation and small stature
makes her an appealing target for criminals, particularly as she often
transports firearms as a competitive shooter and firearms instructor.
“I
am highly qualified to defend myself against the sort of crime that the Sheriff
cannot, despite his best efforts, completely eradicate,” Sykes said. “Violent
crime is a real risk in our society, but happily, we enjoy the right to defend
ourselves from it.”
Andrew Witham has over 15 years experience as a
police officer in Britain, and is licensed to carry a firearm while working as a
private investigator and campus public safety officer. But despite having been
the target of death threats stemming from his work in security, Sheriff John
McGinness saw to it that Witham’s license to carry a gun while away from work
was revoked upon Witham’s relocation to Sacramento.
“I’m allowed to
defend other people,” said Witham, “so why can’t I defend myself, where the Bill
of Rights guarantees me that right?”
Adam Richards, a Northern
California attorney, would also exercise his right to bear arms in self-
defense. But the Yolo County Sheriff’s policy on gun permit applications is:
don’t bother. “How can the Sheriff tell whether I am capable of responsibly
exercising my Second Amendment rights, when he doesn’t even acknowledge that
these rights exist?”
Attorney Alan Gura, representing the plaintiffs in
this case, said, “It’s a shame that these Sheriffs don’t think that self-defense
is a ‘good cause’ to exercise the right to bear arms, but we’re confident the
Second Amendment reflects a better policy.”
Added co-counsel Donald
Kilmer, “The California carry licensing system is being abused by some officials
who are hostile to self-defense rights. The police can regulate the carrying of
guns, and that includes preventing dangerous people from being armed. Complete
deprivation of the right to bear arms, however, is not an option under our
Constitution.”
“The Supreme Court’s decision last year in the Heller case
shows that there is both a right to keep arms and a right to bear arms,” said
SAF founder Alan Gottlieb. “In most states, authorities do not deny a license to
carry an operable firearm to any law-abiding applicant that completes training
and a background check. This is also the practice throughout much of California.
These two Sheriffs must respect the constitutional rights of their citizens to
bear arms.”
“California is often a leader in so many ways, but our state
lags badly in streamlining its firearms laws,” said Gene Hoffman, Chairman of
The Calguns Foundation. “We need 21st century gun laws that respect our
Constitutional rights, and adopt modern, widely accepted practices that work
well throughout the United States. Hopefully this action will serve as a wake-up
call to our legislators, and to those officials who stubbornly resist
accommodating Second Amendment rights. If they don’t reform, reform will come
through litigation.”
The Second Amendment Foundation (www.saf.org) is the
nation’s oldest and largest tax-exempt education, research, publishing and legal
action group focusing on the Constitutional right and heritage to privately own
and possess firearms. Founded in 1974, The Foundation has grown to more than
650,000 members and supporters and conducts many programs designed to better
inform the public about the consequences of gun control.
The Calguns
Foundation (www.calgunsfoundation.org) is a non-profit legal defense fund for
California gun owners. The Calguns foundation works to educate government and
the public and protect the rights of individuals to own and lawfully use
firearms in California
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