Peterson v. Garcia Archives -

Why Does The Brady Campaign Want To Keep Gays Defenseless?

The oral arguments before the 10th Circuit Court of Appeals in the case Peterson v. Garcia et al are being held this afternoon in Denver. The case involves the attempt by Gray Peterson to obtain a concealed carry permit in Colorado as that state does not recognize his Washington State permit. For those that are unaware of Mr. Peterson and this case, he is gay and is a strong advocate of Second Amendment rights.

While the primary oral arguments will be made by John Monroe, attorney for Mr. Peterson, and the Colorado Attorney General’s Office, the Court of Appeals has allowed extra time for oral arguments by certain amici (friends of the court) in this case. Alan Gura will be representing the Second Amendment Foundation and a whole host of groups which include among others Illinois Carry, ISRA, and CalGuns. The NRA Civil Rights Defense Fund will be represented by Matt Bower of the NRA and the Brady Campaign will be represented by Jonathan Lowy.

As might be expected from the gun prohibitionists, they are portraying this as a battle between the good Brady Campaign and the evil NRA to prevent “guns in the streets.” From their press release:

Attorneys for the Brady Center and the NRA (National Rifle Association) will face off in a first-in-the-nation case before the U.S. Court of Appeals for the 10th Circuit in Denver, Colorado Monday, March 19. The case, Peterson v. Garcia, will decide whether the Constitution allows Colorado to protect public safety by continuing its policy of regulating who can carry loaded and concealable guns in public.

Senior Judge Walker D. Miller of the U.S. District Court for the District of Colorado dismissed the original case on March 8, 2011.The gun lobby then appealed to the 10th Circuit.

The Brady Center filed an amicus brief on July 19, 2011, in the U.S. Court of Appeals for the 10th Circuit, urging dismissal of the appeal. The Brady Center’s brief highlights the severe danger posed by concealed weapons, with studies showing that the carrying of guns in public does not make one safer, but instead increases the risks of death and injury. Brady believes that communities should be able to decide who can carry loaded guns on their streets, and in their parks and playgrounds.

Dangerous legislation has been introduced in Congress to force states like Colorado to honor concealed weapon licenses granted by other states, even by states with virtually no standards for concealed carry, and that allow carrying by people with violent pasts.

Notice that there is no mention in this release – and I presume none in their brief – that this case is really about a gay man wishing to protect himself from predators. I’d like to think that at least some of the the Brady Campaign’s donors might be appalled – and rightfully so – if they knew this.

Coalition Files Amicus Brief In Colorado Carry Case

The Second Amendment Foundation and a coalition of 17 other gun rights organizations have filed an amicus brief with the 10th Circuit Court of Appeals in Peterson v. Garcia. Gray Peterson’s case has been supported in this lawsuit against Denver by the CalGuns Foundations.

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.”