Peterson v. Martinez, No. 11-1149 (10th Cir. 2013)Annotate this Case
Gray Peterson, a resident of Washington, applied for a concealed handgun license (CHL) from the ex officio sheriff of Denver, Colorado. Peterson's application was accordingly denied, prompting him to file suit against the Denver sheriff and Colorado's executive director of the Department of Public Safety. Peterson claimed that Colorado's policy with respect to non-resident CHL applicants violates the Second Amendment, the Privileges and Immunities Clause of Article IV, and several other constitutional provisions. The district court concluded that the executive director of the Department of Public Safety was entitled to Eleventh Amendment immunity because he had no connection to the enforcement of the challenged statute. Upon review of the district court order, the Tenth Circuit agreed with that conclusion. "In light of our nation's extensive practice of restricting citizens' freedom to carry firearms in a concealed manner, we hold that this activity does not fall within the scope of the Second Amendment's protections. We reach the same conclusion with respect to Peterson's claim under the Privileges and Immunities Clause, which is coterminous with his right to travel claim."