Peruta v. County of San Diego

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

IRMA E. GONZALEZ, Chief Judge.

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…