A California gun owner asked a federal appeals court on Wednesday to allow his lawsuit challenging San Diego County’s “dangerousness” standard for concealed carry permits, after he was denied a gun permit over his membership in a motorcycle club.A three-judge panel on the U.S. Court of Appeals for the Ninth Circuit heard arguments in a lawsuit brought by Kenneth Shilling against San Diego County for revoking his concealed carry weapon permit over his affiliation with the Boozefighters Motorcycle Club. Shilling argued that the decision violated his First Amendment right of freedom of association and his Second Amendment right to bear arms. A federal district court tossed his case, finding that the sheriff was immune from the lawsuit, among other issues, but Shilling’s lawyer, Gary Gorski, urged the appeals court to revive the case and side with him.At the center of Shilling’s dispute is San Diego County Sheriff Kelly Martinez’s “internal, unpublished policy” labeling the motorcycle club as a “criminal street gang” and therefore labeling Shilling as dangerous and unsuitable to have a concealed carry permit. Gorski outlined to the judges how the policy harmed both Shilling’s free association and his gun rights, and that, despite Shilling finally receiving a permit last month, his lawsuit should remain alive.
Ninth Circuit weighs gun owner's fight against California county
A gun owner challenged San Diego County, which denied him a concealed carry permit over his membership in a motorcycle club.






