No Right To Concealed Carry, Says California Appeals Court

No Right To Concealed Carry, Says California Appeals Court

On Thursday June 9th, the Ninth Circuit Court of Appeals ruled that the Second Amendment does not protect the right to carry a concealed weapon in public. The 7-4 ruling upheld a previous ruling regarding plaintiff Edward Peruta, who had been denied a concealed carry permit by San Diego County.

The Court ruled that the reasons for Peruta’s denial were valid, and that “any prohibition or restriction a state may choose” may be applied to concealed firearms. Writing the opinion of the majority, Judge William M. Fletcher outlined the decision:

“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.”

This most recent decision runs contrary to prior cases tried by the Ninth Court. In February 2014, the San Francisco based bench ruled that the Second Amendment does give the individual the right to carry a firearm for self defense outside the home. In May of this year, the court ruled that the Second Amendment does implicitly include the right to buy or sell guns as a matter or course.

The decision has the potential to affect gun rights beyond California. The Ninth Circuit Court covers a large swath of the Western United States, as well as Alaska and Hawaii. Given its geographic scope, the  immediate and powerful response from Second Amendment activists is unsurprising.  The National Rifle Association’s Institute for Legislative Action published a lengthy public statement about the decision, which it decried as “shameful sophistry and slight of hand.”

While a majority of the Ninth Circuit judges signed onto the decision to deny Californians their rights, three strongly-reasoned dissents, accounting for the opinions of four judges, called out the majority’s chicanery. The dissents correctly point out that it was the State, not the plaintiffs, who established the “concealed carry” permitting context of the case. The dissenting judges also would have explicitly held that responsible, law-abiding Americans certainly do have a right to “bear” arms in public for self-defense, an issue on which the majority claimed to reserve judgement.

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  • michelle8631

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      troll, evil evil troll

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  • antiliberalcryptonite

    The word “bear” comes to mind. To “keep” and “bear”. One may “keep” at home, or perhaps in their vehicle, or their barn, or shed, or tent, or boat, etc. One may “bear” –on their person– in their yard, at the Kroger, at the Walmart, in the street, in the woods, on a hill, in a Dollar General, at the movies, etc.

  • antiliberalcryptonite

    A federal appeals court in San Francisco just ruled that people do not have the right to bear arms in public”

    Where else would one “bear” their arms other than in public? One doesn’t bear arms in their living room or bedroom, one “keeps” arms in those places. The Constitution States both keep AND bear. Obviously they are not the same thing. And it says that we have a right to both those things! Not one or the other.

  • robert57Q

    The Constitution isn’t worth the parchment it was written on, so long as we have progressive politicians and agenda-driven, rogue judges who can effectively render it entirely moot with an unconstitutional law, or an “opinion.”

  • jbs524

    The original 3 judge panel ruled 2-1 in for concealed carry. This panel was headed by the dissenting judge. Not even a nod to impartiality or integrity.

  • Anthony

    Sounds like the 9th circuit court would agree that open carry would be a 2nd amendment right of the individual – only if it were in that context, not for concealed carry. Perhaps they anticipate LE officers quickly identifying armed individuals due to open carry exposure, however, most rational gunowners realize that open carry also identifies you as being armed, and therefore the first target by criminals perpetrating the commission of a crime…they would take you out first, before proceeding with their crime.

  • NotSoMuch

    Another reason to move out of that leftist state. Just reached 4 years gone from there and haven’t looked back. There are places that still believe in and follow the US Constitution.

    • Bdpenn

      This is much larger than the state. This is a ruling by the Federal 9th Circut Court of Appeals. This affects all of us, the country as a whole. I imagine that all the blue states will immediately start legislation to criminalize concealed carry.
      Standby!
      The only recourse is a large turnout at the polls and vote wisely, vote second amendment!!

      • Cobrawing

        You are absolutely right. I don’t think enough people realize just how large an area the 9th Circuit actually covers. It is the federal appeals court for far more than just the stupid kingdom of California. It is also the appeals court for Alaska, Washington, Oregon, Montana, Idaho, Nevada, Arizona, Hawaii, Guam and the northern Mariana Islands.

        Fortunately, this stupid court is also the most “ruling reversed” court on the part of the Supreme Court . . . but with Justice Scalia gone this might get scary for all of us. Stay tuned folks and vote Trump !!!

  • uhptony

    When my home state voids my CCW permit I will be a criminal by choice. Never leave home without one.

  • nicholsda

    Looks like the judges just made open carry legal. You cannot deny A without allowing B if C is true. And they already ruled that there is a right to carry. Other courts have ruled that you cannot use good cause as a reason to deny the right to carry.

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  • charlie baker

    What these moronic activist politicians and judges will accomplish in the long run will only be to create a nation of criminals. They really don’t get it. We are not going to give up our guns, whether they be legal or illegal, and if they keep pushing their clearly unconstitutional anti-gun agenda they will one day push us into a shooting war against our own government, which will cost the lives of God knows how many Americans. I don’t believe, can’t believe, this is what they want, because if a civil war does start those people will be the first targets. Years ago I used to make the joke that every once in a while we should snatch a politician at random and string him or her up from a lamp post as a warning to keep the others in line so they would remember their oaths of office and who they serve. Not so funny anymore. They all seem to have forgotten that solemn oath to protect and defend the Constitution against all enemies, foreign and domestic. Half of the people in Congress today would identify us as “the enemy” but the astoundingly stupid thing about that is, by doing so, they conversely identify themselves as our “enemy.” This state of mind cannot persist for very long without the shedding of blood. And make no mistake, I am not calling for bloodshed or violence. I am just observing what is really happening here. Our beloved Constitution is only as strong as the people we elect to protect it.

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