Peruta

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

This is a Section 1983 action, challenging the constitutionality of California’s law governing the carrying of concealed weapons, both facially and as applied to Plaintiff. Currently before the Court is Defendant William Gore’s (“Gore”) Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6). Having considered the parties’ arguments, and for the reasons set forth below, the Court DENIES the motion.

BACKGROUND

Plaintiff is a sixty year old United States citizen and a California resident, who “maintains several residences across the United States, including but not limited to a residence in San Diego County.” (Compl. ¶ 17.) According to Plaintiff, he maintains a permanent mailing address in San Diego, “where he and his wife have a room in which they keep a wardrobe and other personal items.” (Id.) Plaintiff and his wife have made their motor home their “permanent residence,” and allegedly stay in San Diego for extended periods of time. (Id. ¶ 18.) For example, Plaintiff claims to have reserved space at Campland on the Bay, in San Diego, from November 15, 2008 through April 15, 2009. He had also reserved spaces at the same place from…