FOR IMMEDIATE RELEASE
NEWS ADVISORY
May 1, 2015
For More Information, contact:
Luther Strange
Mike Lewis (334) 353-2199
Alabama Attorney General
Joy Patterson (334) 242-7491
Claire Haynes (334) 242-7351
Page 1 of 1
ALABAMA FILES AMICUS BRIEF CHALLENGING CONSTITUTIONALITY OF
SAN DIEGO COUNTY PROHIBITION OF HANDGUN POSSESSION
(MONTGOMERY) – Alabama Attorney General Luther Strange filed an amicus brief on behalf
of the State of Alabama in a case challenging the handgun ownership restrictions of San Diego
County, California, which effectively bar the possession of a handgun outside the home.
The friend of the court brief was filed April 30, 2015, by Alabama and 20 other states in the case
of Peruta v County of San Diego before the U.S. Ninth Circuit Court of Appeals.
“San Diego’s gun ownership laws effectively prohibit both open carry and concealed carry,
denying its citizens their Second Amendment right to bear arms and depriving their ability to
defend themselves outside the home,” said Attorney General Strange. “It is important that
states, including Alabama, which adhere to the strict preservation of the Second Amendment,
speak out whenever and wherever the right to bear arms is under assault.”
The brief asserts “San Diego County sheriff’s prohibition on the possession of a handgun
outside the home, with limited exceptions, makes it impossible for citizens to use them for the
core lawful purpose of self-defense and is hence unconstitutional.”
“The sheriff’s department admits that, under this system, the typical person cannot qualify for
a concealed carry permit for personal protection. In fact, an applicant must specifically
demonstrate ‘a set of circumstances that distinguish the applicant from the mainstream and
causes him or her to be placed in harm’s way. Simply fearing for one’s personal safety alone is
not considered good cause.'”
The brief says under San Diego County’s gun restrictions “bearing arms in self-defense is not a
right, but a privilege granted by the government to those it deems most in danger from a
specific, previously documented threat.”
Alabama was joined in the amicus brief by Alaska, Arkansas, Florida, Idaho, Kansas, Kentucky,
Louisiana, Michigan, Missouri, Montana, Nevada, North Dakota, Ohio, Oklahoma, South
Carolina, South Dakota, Texas, Utah, West Virginia and Wisconsin.
-30-
501 Washington Avenue * Montgomery, AL 36104 * (334) 242-7300
www.ago.alabama.gov
