Edward Peruta [above] picked-up the phone and called TTAG regarding our post Alan Gura vs. the NRA on Peruta Decision? Judging from Mr. Peruta’s remarks it the post should have been titled Edward Peruta vs. Charles Nichols on Peruta Residency. Edward maintains that “Charles Nichols as an individual and the President of California Right to Carry has done a disservice to you, your publication and the citizens of California by circulating inaccurate embellished information about me and my case.” Specifically, by suggesting that Mr. Peruta wasn’t qualified for a San Diego concealed carry permit due to his residency. Nichols wrote that . . .
The lead plaintiff in the NRA case, Ed Peruta, is a resident of the State of Connecticut. That is where he lives and that is where he works. When Mr. Peruta visits California he lives out of an RV parked in an RV park on the coast or he lives out of his RV parked in his sister’s driveway.
Occasional visits in an RV does not make one a resident of a county.
Under current California law, even having a home in a county does not make one a resident unless most of his time is spent in that home.
Mr. Peruta, under California law, which Sheriff Gore says he is obligated to uphold, cannot be issued a concealed carry permit and not just because he is an out of state resident but because the Peruta decision itself said that it was not ruling on the constitutionality of any state law.
Mr. Peruta told TTAG that his Rocky Hill, Connecticut home is his legal domicile. At the same time, he maintains residency in Los Angeles, Vero Beach and, most importantly, San Diego, California. Peruta maintains a single room in his sister-in-law’s house in San Diego.
Just to make things interesting, the professional news tipster says he lives in a Country Coach motor home which he does not park – cannot park due to its size – at his sister-in-law’s home. It lives in a RV park by the coast.
Peruta’s itinerant lifestyle raises some [debatable] legal questions. Regardless, “I have a core Second Amendment right to have a firearm in my home, whether it’s a permanent home or a motor home.” Bottom line? “The residency issue went away,” Peruta asserts. “The Sheriff dropped that objection. So all that’s left is the issue of ‘good cause.'” Which is still pending.
Meanwhile, Peruta ID’ed his carry gun: a stainless steel Colt .45 Commander. It’s currently sheltering in his gun safe in The Constitution State, pending the outcome of his case. Here’s hoping his carry gun sees the California coastline in due course.