Breaking News: Ninth Circuit Court of Appeals Rules Against Right to Carry Concealed
Just when you
thought it was safe to go out in public, the California courts restrict
your right to self-defense once again. This time, the Ninth Circuit
Court of Appeals has ruled against the right to carry concealed weapons
in public.
The Second Amendment and the right to self-defense lost a major
decision from the Ninth Circuit Court of Appeals today. The court ruled
that Americans do not have a constitutional right to carry concealed
weapons in public. The court was divided (7-4), but ultimately upheld a
California law mandating applicants to show “good cause” to obtain a
concealed-carry permit.
This seems to be in conflict with previous rulings, but for now,
according to the federal appeals court, Americans do not have a
constitutional right to carry concealed weapons in public.
What’s Next?
The next logical step would be the Supreme Court to determine whether
local law enforcement officials should have the right to place
significant restrictions on who is allowed to carry firearms concealed.
Today’s decision overturns an earlier decision by a 9-judge panel. In
that ruling, the same court that said applicants need only express a
desire for personal safety.
The Ninth Circuit’s rulings are binding in nine Western states. Two
other federal appeals courts have taken up the issue—New York and
Maryland. Both ruling were inline with the Ninth Circuit’s latest
ruling.
The National Rifle Association called the ruling “out of touch.”
“This decision will leave good people defenseless, as it completely
ignores the fact that law-abiding Californians who reside in counties
with hostile sheriffs will now have no means to carry a firearm outside
the home for personal protection,” said NRA legislative chief Chris W.
Cox.
The New York-based gun control organization Everytown welcomed the decision as “a major victory for public safety.”
The Ninth Circuit decision arose from a lawsuit filed by Edward Peruta.
The Shooter’s Log
covered the story at the time (links to coverage below). Peruta’s suit
challenged the San Diego County sheriff’s refusal to issue a permit
because he failed to cite a “good cause.” The sheriff required
applicants to produce supporting documents, such as a restraining order
against a possible attacker.
Peruta argued that the requirement violated the Second Amendment right to bear arms
