Tuesday, June 14, 2011

Coalition Files Amicus Brief In Colorado Carry Case

The Second Amendment Foundation and a coalition of 17 other gun rights organizations have filed an amicus brief with the 10th Circuit Court of Appeals in Peterson v. Garcia. Gray Peterson's case has been supported in this lawsuit against Denver by the CalGuns Foundations.

BELLEVUE, WA – The Second Amendment Foundation has been joined by 17 other firearms rights groups in an amicus brief filed in a case now before the Tenth Circuit Court of Appeals, challenging laws that prohibit the carrying of firearms by law-abiding non-resident U.S. citizens in Denver, Colorado.

The case, Peterson v. Garcia, was filed by Washington state resident Gray Peterson, who cannot exercise his right to bear arms because Colorado statute prohibits the issuance of a concealed carry permit to non-residents, and does not recognize Peterson’s Washington license or his Florida carry permit because he is not a Florida resident. Denver bans the open carry of firearms, leaving Peterson – who visits Colorado frequently – without any legal means of carrying a firearm for his personal protection.

“This is a case that affects citizens in at least 20 states and the District of Columbia,” noted Miko Tempski, SAF legal affairs director. “We’ve been joined by organizations from 16 of those states in this brief, because they all have members who may travel to Colorado and face the same problem if they enter the City of Denver.”

Joining SAF are the Buckeye Firearms Foundation (Ohio), Citizens' Rights Action League (Rhode Island), Commonwealth Second Amendment (Massachusetts), Connecticut Citizens Defense League, Calguns Foundation, Inc. (California), Gun Owners Civil Rights Alliance (Minnesota), Hawaii Defense Foundation, Illinois Carry, Illinois State Rifle Association, Maine Open Carry Association, Maryland Shall Issue, Oregon Firearms Educational Foundation, Wisconsin Carry, Inc., SCOPE, Inc. (New York), Stillwater Firearms Association (Nevada), Virginia Citizens Defense League, Inc. and West Virginia Citizens Defense League, Inc. All are state-focused non-profit organizations dedicated to preserving, defending and promoting firearms rights.

“The Second Amendment doesn’t only say you have a right to keep arms,” Tempski continued, “it also stipulates that citizens have the right to bear arms. Because of our successful lawsuit in the McDonald case last year, leading to the Supreme Court’s ruling that the Second Amendment applies to state and local governments, the right to bear arms is very much at issue with Mr. Peterson’s challenge. Any law or ordinance that touches on this right must be held to the strictest of scrutiny.”

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