| Peterson v. Garcia (was Peterson v. LaCabe (CO) |
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Peterson v. LaCabe is a federal lawsuit challenging the non-resident licensing practices of Colorado and the City of Denver. Gray Peterson, the plaintiff, is a resident of Washington state and holds a Washington state concealed carry permit as well as a Florida non-resident permit. Mr. Peterson applied for and was denied a Concealed Handgun License (CHL). Colorado does not issue CHLs to non-residents, but does extend license reciprocity to residents of certain states such as Florida. Colorado does not honor resident permits issued by Washington or Florida permits issued to non-residents. By failing to issue Mr. Peterson a permit or to extend reciprocity to either of his other permits, the state has denied equal protection, due process, and other protections granted by the constitution. This case is primarily supported by the the plaintiff with assistance from the CalGun Foundation community. John Monroe of Georgiacarry.org. is the plaintiff's attorney. Updates: 11/02/2011Following a surprising loss in the district court, Peterson filed an appeal to the 10th Circuit. Although this case originated as a non-resident licensing case, it has essentially been transformed into a right-to-carry case based upon the AG's argument that there is not right-to-carry. The case is notable because the City of Denver decision not to defend itself placing the burden entirely on the State Attorney General. Court: United States 10th Circuit Court of Appeals
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