Second Amendment

The Founders understood the right to keep and bear arms as a fundamental check against a possibly tyrannical government. The right to revolution expressed in the Declaration of Independence—rather than our more cramped modern notion of "self" or "home" defense—was the core of this protection in the Bill of Rights.

 

ACTIVE CASES:

Davis v. Los Angeles. In a case before the California Court of Appeal, CCJ is arguing that the Los Angeles Police Department should be required to comply with in an earlier court judgment regulating how the department processes concealed weapons licenses. Although state law provides a process for citizens to apply for a license to carry a concealed weapon, Los Angeles attempts to block applications and has used a process that favored the applications of former LA police officers over applications of other citizens.

Drake v. Jerejian. CCJ filed a brief in the US Supreme Court urging the Court to accept review of a case concerning the right to bear arms outside the house. The Court has thus far not spoken on the standard of review and the lower courts are now issuing inconsistent opinions on this issue.

Download the full CCJ brief here: Amicus Brief, John M. Drake et al. v. Edward A. Jerejian, Superior Court of New Jersey, Bergen County

Jackson v. San Francisco. CCJ filed a brief in the Ninth Circuit in a lawsuit challenging several local ordinances in San Francisco that are designed to make it more difficult to own and use a firearm for self-defense. 

Wollschlaeger v. Florida: Representing Doctors for Responsible Gun Ownership, CCJ filed an amicus brief in the 11th Circuit supporting a state law protecting gun ownership rights. The law was enacted in response to a national campaign by a pediatrician’s organization to have doctors quiz their patients about guns in the home, note gun ownership in patient records, and use doctor consultation time to get patients to give up their guns. The law forbade this line of inquiry unless justified by a specific medical need. CCJ argued that states are free to enact laws supporting their citizens’ enjoyment of fundamental rights, including the right to own and bear arms. The case has been argued.

 

RECENT CASES:

Peruta v. County of San Diego. CCJ argued that California could not prohibit carrying of firearms outside the home. The Ninth Circuit agreed and struck down the state law at issue of February 13, 2014.

Download the full CCJ brief here: Amicus Brief, Edward Peruta et al. v. San Diego County 

Woollard v. Sheridan; Kachalsky v. Cacase. Our briefs urged the Supreme Court to hear a case about state laws that restrict permits to carry guns in public to only those people who can prove a special need for self-defense are unconstitutional. The Court denied review in both cases, and both cases are now closed.

 

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