PETERSON v. MARTINEZ

No. 11-1149.

707 F.3d 1197 (2013)

Gray PETERSON, Plaintiff-Appellant, v. Alex MARTINEZ, in his official capacity as Manager of Safety for the City and County of Denver; James Davis, in his official capacity as Executive Director of the Colorado Department of Public Safety, Defendants-Appellees. John W. Suthers, Attorney General for the State of Colorado, Intervenor, NRA Civil Rights Defense Fund; Second Amendment Foundation, Inc.; Buckeye Firearms Foundation; Citizens Rights Action League; Commonwealth Second Amendment; Connecticut Citizens Defense League; Calguns Foundation, Inc.; Gun Owners Civil Rights Alliance; 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.; Stillwater Firearms Association; Virginia Citizens Defense League, Inc.; West Virginia Citizens Defense League Inc.; Brady Center to Prevent Gun Violence, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

February 22, 2013.


Attorney(s) appearing for the Case

John R. Monroe , Roswell, GA, for the Plaintiff-Appellant.

Matthew D. Grove , Assistant Attorney General ( John W. Suthers , Attorney General, with him on the briefs), Office of the Attorney General for the State of Colorado, Denver, CO, for the Defendants-Appellees.

Alan Gura , Gura & Possessky, Alexandria, VA ( Mikolaj T. Tempski , Second Amendment Foundation, Inc., with him on the briefs), for Amicus Curiae, Second Amendment Foundation, Inc.

Matthew Bower ( Robert Dowlut with him on the briefs), NRA Office of the General Counsel, Fairfax, VA, for Amicus Curiae, NRA Civil Rights Defense Fund.

Jonathan E. Lowy , Brady Center to Prevent Gun Violence ( Daniel R. Vice , Brady Center to Prevent Gun Violence, and Jonathan L. Diesenhaus and S. Chartey Quarcoo , Hogan Lovells U.S. LLP, with him on the briefs), Washington, D.C., for Amicus Curiae, Brady Center to Prevent Gun Violence.

Before LUCERO, BALDOCK, and HARTZ, Circuit Judges.


LUCERO, Circuit Judge.

Gray Peterson, a resident of Washington, applied for a concealed handgun license ("CHL") from the ex officio sheriff of Denver, Colorado. Pursuant to state law, Colorado sheriffs may issue CHLs only to state residents. Colo.Rev.Stat. § 18-12-203(1)(a). Peterson's application was accordingly denied, prompting Peterson to file suit against the Denver sheriff and Colorado's executive director of the Department of Public Safety. Peterson claims...

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