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U.S. Constitution
See other U.S. Constitution Articles

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: 31953
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 # 3.

#1. To: nolu chan (#0)

"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."

The U.S. Supreme Court in Heller said nothing about concealed carry. Meaning the lower courts are free to interpret "bear arms" as they see fit. Their decisions, of course, only apply to their jurisdiction.

misterwhite  posted on  2016-06-09   17:18:52 ET  Reply   Untrace   Trace   Private Reply  


#3. To: misterwhite (#1)

Meaning the lower courts are free to interpret "bear arms" as they see fit.

And to overturn existing state laws at will. Just like the morons wanted.

Roscoe  posted on  2016-06-10   2:48:33 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 3.

#5. To: Roscoe (#3)

"And to overturn existing state laws at will. Just like the morons wanted."

Yep. And if the issue some day makes it's way to the U.S. Supreme Court, and the composition of the court is liberal, they will rule that concealed carry is not protected -- and THAT ruling will apply to all 50 states.

misterwhite  posted on  2016-06-10 09:10:36 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 3.

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