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U.S. Constitution
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Title: Peruta v San Diego Cty, no 2nd Amdt right to concealed Carry
Source: 9th Circuit Court
URL Source: [None]
Published: Jun 9, 2016
Author: Circuit Judge W. Fletcher
Post Date: 2016-06-09 16:48:27 by nolu chan
Keywords: None
Views: 29069
Comments: 127

Peruta v San Diego Cty, no 2nd Amdt right to concealed Carry

Peruta et al v County of San Diego et al, 10-56971 (9th Cir, 9 Jul 2016)

OPINION

W. FLETCHER, Circuit Judge:

Under California law, a member of the general public may not carry a concealed weapon in public unless he or she has been issued a license. An applicant for a license must satisfy a number of conditions. Among other things, the applicant must show “good cause” to carry a concealed firearm. California law authorizes county sheriffs to establish and publish policies defining good cause. The sheriffs of San Diego and Yolo Counties published policies defining good cause as requiring a particularized reason why an applicant needs a concealed firearm for self-defense.

Appellants, who live in San Diego and Yolo Counties, allege that they wish to carry concealed firearms in public for self-defense, but that they do not satisfy the good cause requirements in their counties. They contend that their counties’ definitions of good cause violate their Second Amendment right to keep and bear arms. They particularly rely on the Supreme Court’s decisions in District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. City of Chicago, 561 U.S. 742 (2010).

We hold that the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public.

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Begin Trace Mode for Comment # 62.

#57. To: nolu chan (#0)

I would strongly suggest that you guys (and gals) get the book entitled That Every Man Be Armed: The Evolution of a Constitutional Right by Stephen P. Halbrook because nothing of what I see on this thread makes damn sense at all. Nothing. That the right to keep and bear Militia Arms is found in United States v. Miller (1939) And that according to Title 10 Sec 311 (b) (2) We are the militia

https://www.law.cornell.edu/uscode/text/10/311

goldilucky  posted on  2016-06-13   19:46:49 ET  Reply   Untrace   Trace   Private Reply  


#62. To: goldilucky (#57)

I would strongly suggest that you guys (and gals) get the book entitled That Every Man Be Armed: The Evolution of a Constitutional Right by Stephen P. Halbrook because nothing of what I see on this thread makes damn sense at all. Nothing. That the right to keep and bear Militia Arms is found in United States v. Miller (1939) And that according to Title 10 Sec 311 (b) (2) We are the militia

https://www.law.cornell.edu/uscode/text/10/311

Miller stands only for the proposition that the Second Amendment right, whatever its nature, extends only to certain types of weapons.

It is particularly wrongheaded to read Miller for more than what it said, because the case did not even purport to be a thorough examination of the Second Amendment.

For most of our history, the Bill of Rights was not thought applicable to the States, and the Federal Government did not significantly regulate the possession of firearms by law-abiding citizens.

The Bill of Rights, including the Second Amendment, originally applied only to the Federal Government.

nolu chan  posted on  2016-06-14   15:17:53 ET  Reply   Untrace   Trace   Private Reply  


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