Lawsuit Seeks Stronger Gun Rights For California Citizens
(AP)
In theory, law-abiding Californians who undergo a criminal background check and pass a government training course can receive a permit from their local sheriff to carry a concealed firearm.
But in practice, many California counties flatly deny permits to residents who meet the requirements for a concealed carry permit -- a situation that a lawsuit filed in federal court in Sacramento on Tuesday hopes to remedy.
The lawsuit filed by the Second Amendment Foundation and the Calguns Foundation says the routine denials of concealed carry permits violate the right to bear arms protected by the Second Amendment to the U.S. Constitution.
One of the plaintiffs is Deanna Sykes, a lesbian and a firearms instructor who says she believes her sexual orientation and small stature make her a target for criminals. Another is Andrew Witham, a private investigator and campus public safety officer, whose local sheriff denied his request to carry a handgun while away from work.
The case "presents a very simple legal issue: people have the right to bear arms," Alan Gura, a Virginia attorney representing the plaintiffs, told CBSNews.com on Wednesday. "The state is able to regulate that right, but it cannot arbitrarily deny the right to bear arms based on the whims of local officials. The current law has absolutely no standards to it, and some local officials regrettably abuse their discretion. They decide self-defense is not a valid reason to deny the gun carry permit."
