Skip to comments.NRA and CRPA Foundation vs. Orange County Sheriff Sandra Hutchens in U. S. District Cour
Posted on 09/18/2012 11:10:22 AM PDT by neverdem
September 13, 2012 In response to continuing complaints from Orange County firearms owners and Second Amendment civil rights activists, attorneys for the National Rifle Association and the CRPA Foundation have filed a lawsuit against Orange County Sheriff Sandra Hutchens in U. S. District Court.
Orange County citizens should be able to exercise their fundamental right to bear arms, but they are precluded from doing so because they do not have what Sheriff Hutchens uniquely considers good cause for a license to carry a firearm in public.
The lawsuit seeks to compel her to issue those licenses, and asks the Court to enjoin Sheriff Hutchens from requiring license applicants to prove they have a special need, beyond the general need to defend themselves and their loved ones, for a license to carry before she will issue them one.
Just days after having filed the Complaint, plaintiffs filed a motion for preliminary injunction asking the Court to order Sheriff Hutchens to cease withholding permits. A copy of the Complaint and Motion for Preliminary Injunction is available here http://michellawyers.com/mckay-v-sheriff-hutchens/.
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(Excerpt) Read more at blog.crpa.org ...
Orange County Sheriff Ms. Sandra Hutchens holds an executive position, where her tasks and duties do not required her to go on patrol, or routinely makes arrests. She is basically a politician.
It seems odd, she is allowed to carry a weapon, while at the same time demanding citizens prove they have a need to protect themselves and their families.
This is just wrong.
This has been on the Calguns Forum for several days. It will fail in district court. On appeal, it might do some good. Sheriff Hutchens has violated her oath of office, but the Federal district courts ignore the 2nd Amendment regularly. We’re going to need Heller 2 and McDonald 2 for them to pay attention. It will really have to embarrass the district court (hopefully that is still possible these days). Ezell is a model, but that’s in another circuit.
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