Earlier today, Chief Judge John P. Bailey of the U.S. District Court for the Northern District of West Virginia entered an order denying the City of Martinsburg's motion to dismiss WVCDL's lawsuit challenging the constitutionality and statutory validity of Martinsburg's city building gun ban ordinance.

In his order, Judge Bailey found that WVCDL had clearly established standing to sue and requested supplemental briefing on whether he should defer further proceedings on WVCDL's federal constitutional claims and direct WVCDL to separately litigate its state law claims in state court and then return to federal court to litigate its federal constitutional claims if necessary after state court litigation.  WVCDL has 14 days to respond to this matter.

http://www.saf.org/viewpr-new.asp?id=363

NEWS RELEASE

Second Amendment Foundation

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www.saf.org

SAF LEADS COALITION IN AMICUS FILING FOR COLORADO CARRY CASE

For Immediate Release: 6/14/2011

BELLEVUE, WA - The Second Amendment Foundation has been joined by 17 other firearms rights groups in an amicus brief filed in a case now before the Tenth Circuit Court of Appeals, challenging laws that prohibit the carrying of firearms by law-abiding non-resident U.S. citizens in Denver, Colorado.

The case, Peterson v. Garcia, was filed by Washington state resident Gray Peterson, who cannot exercise his right to bear arms because Colorado statute prohibits the issuance of a concealed carry permit to non-residents, and does not recognize Peterson's Washington license or his Florida carry permit because he is not a Florida resident. Denver bans the open carry of firearms, leaving Peterson - who visits Colorado frequently - without any legal means of carrying a firearm for his personal protection.

"This is a case that affects citizens in at least 20 states and the District of Columbia," noted Miko Tempski, SAF legal affairs director. "We've been joined by organizations from 16 of those states in this brief, because they all have members who may travel to Colorado and face the same problem if they enter the City of Denver."

Joining SAF are the Buckeye Firearms Foundation (Ohio), Citizens' Rights Action League (Rhode Island), Commonwealth Second Amendment (Massachusetts), Connecticut Citizens Defense League, Calguns Foundation, Inc. (California), Gun Owners Civil Rights Alliance (Minnesota), Hawaii Defense Foundation, Illinois Carry, Illinois State Rifle Association, Maine Open Carry Association, Maryland Shall Issue, Oregon Firearms Educational Foundation, Wisconsin Carry, Inc., SCOPE, Inc. (New York), Stillwater Firearms Association (Nevada), Virginia Citizens Defense League, Inc. and West Virginia Citizens Defense League, Inc. All are state-focused non-profit organizations dedicated to preserving, defending and promoting firearms rights.

"The Second Amendment doesn't only say you have a right to keep arms," Tempski continued, "it also stipulates that citizens have the right to bear arms. Because of our successful lawsuit in the McDonald case last year, leading to the Supreme Court's ruling that the Second Amendment applies to state and local governments, the right to bear arms is very much at issue with Mr. Peterson's challenge. Any law or ordinance that touches on this right must be held to the strictest of scrutiny."

The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

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