Richards v. Prieto Plaintiffs File Brief Opposing En Banc Rehearing in Peruta Carry Case
ROSEVILLE, CA (December 24, 2014) – Counsel for plaintiffs in the federal Second Amendment "right-to-carry" lawsuit Richards v. Prieto filed a brief in the Peruta v. San Diego matter earlier today, responding to two orders issued by the Ninth Circuit Court of Appeals on December 3.
Civil rights attorney Alan Gura, who prevailed at the U.S. Supreme Court in the landmark cases D.C. v. Heller and McDonald v. Chicago, submitted the brief on behalf of the Richards amici, or "friends of the court." Co-counsel Donald Kilmer of San Jose appears on the brief as well.
In the court filing, Gura argues that California Attorney General Kamala Harris shouldn't be allowed to intervene in place of San Diego Sheriff Gore, who opted to concede the issue following the court's February decision that held his "good cause" policy unconstitutional. The brief also says that the case should not be re-heard by the full, or "en banc", court.
"This Court has enough material to consider in evaluating the constitutionality of handgun carry licensing policies, without adding peculiar procedural complications and jurisdictional doubts that would only jeopardize the validity of any en banc outcome. The panel correctly decided this case, and rehearing is unwarranted," concluded Gura. "But regardless of whether the panel’s legal conclusions should be reconsidered, this case should end here, without rehearing en banc."
The Richards plaintiffs' brief can be viewed or downloaded at http://old.calgunsfoundation.org/wp-content/uploads/2014/12/2014_saf_peruta_en_banc_opp_amicus.pdf.
The Calguns Foundation (www.calgunsfoundation.org) is a non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to defend and advance Second Amendment and related civil rights.
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.