Peruta
Peruta v. County of San Diego
Opinion
Opinion
Gonzalez, J.
ORDER:
(1) DENYING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT, and
(2) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This is an action brought pursuant to 42 U.S.C. § 1983 in which Plaintiffs seek injunctive and declaratory relief from Defendant’s policies for obtaining a license to carry a concealed weapon pursuant to California Penal Code § 12050. At the heart of the parties’ dispute is whether the right recognized by the Supreme Court’s rulings in District of Columbia v. Heller, 554 U.S. 570 , 128 S.Ct. 2783 , 171 L.Ed.2d 637 (2008) and McDonald v. City of Chicago, — U.S. -, 130 S.Ct. 3020 , 177 L.Ed.2d 894 (2010) — the right to possess handguns in the home for self-defense — extends to the right asserted here: the right to carry a loaded handgun in public, either openly or in a concealed manner. The matter is presently before the Court is a motion for partial summary judgment brought by Plaintiffs and a motion for summary judgment brought by Defendant William Gore. For the reasons set forth below, the Court DENIES Plaintiffs motion for partial summary judgment and GRANTS Defendant’s motion for summary judgment.