Suit Challenges Discretion In Issuing Gun Permits

SACRAMENTO, Calif. (AP) — How much discretion California’s law enforcement officials have in issuing concealed weapons permits is the subject of a federal lawsuit with national overtones.

On Thursday, gun-rights advocates argued in federal court in Sacramento that county sheriffs — who handle most such permits — must issue them to anyone who completes a training course and has no mental health problems or criminal background.

They are challenging a policy by Yolo County Sheriff Ed Prieto, who says applicants must have a reason to carry a concealed weapon, such as a threat to their safety. Gun-rights attorney Alan Gura says that gives the sheriff discretion over a fundamental right to bear arms.

U.S. District Court Judge Morrison England Jr. says the lawsuit is part of a national debate over carrying weapons in public.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

  • bill mccarthy

    Every person has the RIGHT to carry. Local Sheriff’s etc. can run bkgrds, but if nothing major is there they must give permit. That is what our Founding Fathers Said.we can modify it a little. But no Law enforcement officer can deny anyones rights without due process. T. Jefferson said ” ….the most compelling argument for the right to bear arms, is the right to self protection.”

  • Tinman

    Totally agree with Bill M! This come as now citizens could be banned from transporting (carrying) even unloaded guns in public. Write the governor to VETO AB 144 Even non-members can access the NRA website to see what bills are pending at various levels.
    I believe that everyone that owns a firearm should be an NRA member and member of CRPA (California Rifle and Pistol Assn. This is the best way to keep your eye on the politicians, get accurate statistics. The politicians as Obama said to Sarah Brady are vying to keep this type of legislation through, “under the radar”. People will write public officials to get a speed bump installed on their sreet, but generally don’t voice their opposition to a bill. Sadly most people don’t know about a law until it’s close to passing or has passed. It’s also interesting that news media doesn’t inform us of a bill at it’s introduction, only when it is quite far allong in the process.

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