complaint - birdt v. san bernardino - 513-cv-00673-vap-jem - november 11, 2013

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 :17 18 19 20 21 22 23 24 25 26 27 28 - FILED CLERX. U.S. DISTRICT COURT JONATHAN W. BIRDT 10315 Woodley Ave, Suite 208 Granada Hills, CA 91344 Telephone: (818) 400-4485 Facsimile: (818) 428-1384 [email protected] UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA JONATHAN BIRDT, CASE NO. 5:13-cv-00673-VAP-JEM Plaintiff, FIRST AMEMDED COMPLAINT FOR SECOND AMENDMENT VS. VIOLATION- 42 U.S.C. § 1983 SAN BERNARDINO SHERIFFS JURY TRIAL DEMANDED DEPARTMENT, Defendants. ATTORNEY FEES REQUESTED 42 U.S.C. § 1988 COMES NOW Plaintiff, Jonathan Birdt, pursuant to 42 U.S.C. § 1983. Plaintiff alleges violations of his Second Amendment Rights by Defendant. INTRODUCTION 1. The California Legislature has mandated that the only method by which a resident of the State can bear arms for the purpose of self-defense outside the home is with a permit to carry a concealed weapon. 2. Plaintiff is a resident of San Bernardino County and sought a concealed weapons permit and his application was denied on February 26, 2013 without any statutory reason for the denial. FIRST AMENDED COMPLAINT - I Case 5:13-cv-00673-VAP-JEM Document 23 Filed 11/05/13 Page 1 of 3 Page ID #:136

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1st Amended Complaint by Birdt including his declaration that he is a resident of San Bernardino County.

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Page 1: Complaint - Birdt v. San Bernardino - 513-cv-00673-VAP-JEM - November 11, 2013

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- FILED CLERX. U.S. DISTRICT COURT

JONATHAN W. BIRDT 10315 Woodley Ave, Suite 208 Granada Hills, CA 91344 Telephone: (818) 400-4485 Facsimile: (818) 428-1384 [email protected]

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

JONATHAN BIRDT, CASE NO. 5:13-cv-00673-VAP-JEM

Plaintiff, FIRST AMEMDED COMPLAINT FOR SECOND AMENDMENT

VS. VIOLATION- 42 U.S.C. § 1983

� SAN BERNARDINO SHERIFFS

JURY TRIAL DEMANDED DEPARTMENT,

Defendants. ATTORNEY FEES REQUESTED 42 U.S.C. § 1988

COMES NOW Plaintiff, Jonathan Birdt, pursuant to 42 U.S.C. § 1983.

Plaintiff alleges violations of his Second Amendment Rights by Defendant.

INTRODUCTION

1. The California Legislature has mandated that the only method by which a

resident of the State can bear arms for the purpose of self-defense outside the

home is with a permit to carry a concealed weapon.

2. Plaintiff is a resident of San Bernardino County and sought a concealed

weapons permit and his application was denied on February 26, 2013 without

any statutory reason for the denial.

FIRST AMENDED COMPLAINT - I

Case 5:13-cv-00673-VAP-JEM Document 23 Filed 11/05/13 Page 1 of 3 Page ID #:136

Page 2: Complaint - Birdt v. San Bernardino - 513-cv-00673-VAP-JEM - November 11, 2013

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JURISDICTION & VENUE

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3. This Court has subject matter jurisdiction over this action pursuant to 42

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U.S.C. § 1983.

4 4. Venue lies in this Court pursuant to 28 U.S.C. § 1391.

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6 FIRST CAUSE OF ACTION

7 SECOND AMENDMENT VIOLATION OF 42 U.S.C. § 1983

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9 5. The Supreme Court has held that "the Second Amendment protects the right to

10 keep and bear arms for the purpose of self-defense." McDonald v. City of

Chicago, Iii. (2010) 130 S.Ct. 3020, 3021.

11 6. Plaintiff cannot exercise this right without a permit from Defendant.

12 7. Defendant refuses to issue a permit or provide a statutory basis for his refusal

.13 to do so.

14 8. Plaintiff meets all State mandated requirements and has complied with all

15 Department procedures as instructed by the CCW coordinator for the SB SO.

16 9. Plaintiff submitted a complete application packet as provided to him by the

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SBSO CCW Coordinator and was not advised of any deficiency in his

18 application.

19 10.Plaintiff was told an interview was to be scheduled, but Defendant did not

20 comply with their own internal policy and simply sent the denial letter without

21 even interviewing the Plaintiff.

22 11 .Despite having fully complied with all statutory requirements and procedural

23 requirements established by SBSO, Defendant continues to refuse to issue

24 Plaintiff a permit necessary to exercise his Second Amendment Rights outside

25 of the home.

26 12. Upon receiving notice of this Courts ruling on Defendants motion to dismiss,

27 Plaintiff again invited the Sheriff to issue his permit and end the litigation

28 without any additional expense.

FIRST AMENDED COMPLAINT -2

Case 5:13-cv-00673-VAP-JEM Document 23 Filed 11/05/13 Page 2 of 3 Page ID #:137

Page 3: Complaint - Birdt v. San Bernardino - 513-cv-00673-VAP-JEM - November 11, 2013

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13 .Therefore, Defendants policies and practices have infringed Plaintiffs Second

Amendment Right to Bear Arms for the purpose of Self-Defense as he has

complied with all legal obligations, but defendant refuses to issue the permit

necessary to exercise that fundamental right without any legal basis.

PRAYER FOR RELIEF

14. For an order requiring Defendant to issue a Permit to Plaintiff without delay.

15. Costs and Attorneys’ fees pursuant to 42 U.S.C. § 1988.

I October 22, 2013

FIRST AMENDED COMPLAINT -3

Case 5:13-cv-00673-VAP-JEM Document 23 Filed 11/05/13 Page 3 of 3 Page ID #:138