Gray Peterson
Founder's Club Member - Moderator
imported post
Hello all,
I haven't posted here much as I have been extraordinarily busy with buying a new house among other projects.
Besides assisting California gun owners by fixing up the Sheriffs Departments who violate the clear mandates of the California CCW issuance law (illegally charging fees and requiring liability insurance), approximately 6 months ago, I filed a 42USC1983 lawsuit against Denver Manager of Safety Alvin LaCabe and Colorado DPS Director Peter Weir. John Monroe, who is the Vice President of GeorgiaCarry.org and a very good win-loss ratio in terms of statutory and constitutional law challenges, is my attorney in this case.
The lawsuit essentially challenges two laws:
1. To challenge Denver's enforcement of CRS 18-12-203(1)(a), which is the requirement that a person be a Colorado resident. Unlike all of the other jurisdictions in Colorado, Denver has an ban on carrying firearms openly, and only allows the concealed carrying of a firearm with a Colorado state-issued or recognized license.
2. To challenge the state's enforcement of CRS 18-12-213(1)(b)(I), which prohibits the recognition of non-resident licenses to carry. As I have a carry license from the state of Florida among, I would be able to carry a functional firearm for self defense in Denver if he were a resident of Florida. This effects residents of every state which does not recognize Colorado's licenses, including those from Washington, Oregon, and California.
Three weeks ago, my attorney filed for a Motion for Summary Judgment against Defendant LaCabe, based on his admission in his answer to my amended complaint that he denied me due to lack of residency within the state of Colorado. MSJ's are commonly filed when there are no factual disputes, as there is none at least with Defendant LaCabe.
An excerpt:
The instant case involves just such a fundamental constitutional right. The right to keep and bear arms is an “individual right to possess and carry weapons in case of confrontation.” District of Columbia v. Heller, 128 S.Ct. 2783, 2797 (2008). There is no doubt that this right is a fundamental one (“By the time of the founding, the right to have arms had become fundamental….”). Id. at 2798. Moreover, “the American people have considered the handgun to be the quintessential self-defense weapon.” Id. at 2818. Thus, the right to carry a handgun for self defense in case of confrontation is a fundamental constitutional right.
The Colorado system denies Plaintiff the exercise of a fundamental constitutional right based solely on the fact that Plaintiff is not a Colorado resident. It heavily penalizes Washington residents who engage in travel to Colorado, just as surely as if it denied Washington residents to right to worship while visiting Colorado or if it imposed warrant-less searches on every Washingtonian who flies into Denver International Airport.
My entire case against LaCabe and Weir can be seen here, as it is RECAP'ED and therefor available for free. Also, my case's play by play is available on the CalGuns Foundation Wiki.
If any of you want to help monetarily with the case, both the CalGuns Foundation and Second Amendment Foundation have offered assistance. The CGF link will donate it properly, and the SAF link will require putting in the comments "Peterson v. LaCabe" or "Peterson Denver Case" in order to have it routed to my attorney.
This case is the first case filed since Heller to completely challenge the idea that one may be denied their civil right to bear arms during their travels merely on the basis of their non-residency in a state. Even if we win in the district court and the defendants do not appeal, a win would generate persuasive case law in the federal district courts with jurisdiction over the several states which deny the ability to even apply for a license to carry and deny non-resident licensees the ability to carry.
Just a little bit of pre-McDonald news for everyone to chew on.
Hello all,
I haven't posted here much as I have been extraordinarily busy with buying a new house among other projects.
Besides assisting California gun owners by fixing up the Sheriffs Departments who violate the clear mandates of the California CCW issuance law (illegally charging fees and requiring liability insurance), approximately 6 months ago, I filed a 42USC1983 lawsuit against Denver Manager of Safety Alvin LaCabe and Colorado DPS Director Peter Weir. John Monroe, who is the Vice President of GeorgiaCarry.org and a very good win-loss ratio in terms of statutory and constitutional law challenges, is my attorney in this case.
The lawsuit essentially challenges two laws:
1. To challenge Denver's enforcement of CRS 18-12-203(1)(a), which is the requirement that a person be a Colorado resident. Unlike all of the other jurisdictions in Colorado, Denver has an ban on carrying firearms openly, and only allows the concealed carrying of a firearm with a Colorado state-issued or recognized license.
2. To challenge the state's enforcement of CRS 18-12-213(1)(b)(I), which prohibits the recognition of non-resident licenses to carry. As I have a carry license from the state of Florida among, I would be able to carry a functional firearm for self defense in Denver if he were a resident of Florida. This effects residents of every state which does not recognize Colorado's licenses, including those from Washington, Oregon, and California.
Three weeks ago, my attorney filed for a Motion for Summary Judgment against Defendant LaCabe, based on his admission in his answer to my amended complaint that he denied me due to lack of residency within the state of Colorado. MSJ's are commonly filed when there are no factual disputes, as there is none at least with Defendant LaCabe.
An excerpt:
The instant case involves just such a fundamental constitutional right. The right to keep and bear arms is an “individual right to possess and carry weapons in case of confrontation.” District of Columbia v. Heller, 128 S.Ct. 2783, 2797 (2008). There is no doubt that this right is a fundamental one (“By the time of the founding, the right to have arms had become fundamental….”). Id. at 2798. Moreover, “the American people have considered the handgun to be the quintessential self-defense weapon.” Id. at 2818. Thus, the right to carry a handgun for self defense in case of confrontation is a fundamental constitutional right.
The Colorado system denies Plaintiff the exercise of a fundamental constitutional right based solely on the fact that Plaintiff is not a Colorado resident. It heavily penalizes Washington residents who engage in travel to Colorado, just as surely as if it denied Washington residents to right to worship while visiting Colorado or if it imposed warrant-less searches on every Washingtonian who flies into Denver International Airport.
My entire case against LaCabe and Weir can be seen here, as it is RECAP'ED and therefor available for free. Also, my case's play by play is available on the CalGuns Foundation Wiki.
If any of you want to help monetarily with the case, both the CalGuns Foundation and Second Amendment Foundation have offered assistance. The CGF link will donate it properly, and the SAF link will require putting in the comments "Peterson v. LaCabe" or "Peterson Denver Case" in order to have it routed to my attorney.
This case is the first case filed since Heller to completely challenge the idea that one may be denied their civil right to bear arms during their travels merely on the basis of their non-residency in a state. Even if we win in the district court and the defendants do not appeal, a win would generate persuasive case law in the federal district courts with jurisdiction over the several states which deny the ability to even apply for a license to carry and deny non-resident licensees the ability to carry.
Just a little bit of pre-McDonald news for everyone to chew on.
