Skip to comments.Ninth Circuit strikes California’s restrictive rule against licensed carry of handguns
Posted on 02/13/2014 6:24:25 PM PST by Beave Meister
The Ninth Circuits decision in Peruta v. San Diego, released minutes ago, affirms the right of law-abiding citizens to carry handguns for lawful protection in public.
California law has a process for applying for a permit to carry a handgun for protection in public, with requirements for safety training, a background check, and so on. These requirements were not challenged. The statute also requires that the applicant have good cause, which was interpreted by San Diego County to mean that the applicant is faced with current specific threats. (Not all California counties have this narrow interpretation.) The Ninth Circuit, in a 2-1 opinion written by Judge OScannlain, ruled that Peruta was entitled to Summary Judgement, because the good cause provision violates the Second Amendment.
The Court ruled that a government may specify what mode of carrying to allow (open or concealed), but a government may not make it impossible for the vast majority of Californians to exercise their Second Amendment right to bear arms.
Eugene Volokh may be too modest to say so, but the Court cites him four times, to his articles Implementing the Right to Keep and Bear Arms for Self-Defense: An Analytical Framework and a Research Agenda, 56 UCLA L. Rev. 1443 (2009); and The First and Second Amendments, 109 Colum. L. Rev. Sidebar 97 (2009). I got one cite, for The Second Amendment in the Nineteenth Century, 1998 B.Y.U. L. Rev 1359 (1998). [Other modern scholars cited were Nelson Lund, Stephen Halbrook, Clayton Cramer, Joseph Olson, and Joyce Malcolm, all of whom are familiar to longtime VC readers.]
(Excerpt) Read more at washingtonpost.com ...
I’d be happy to slap a couple six shooters on like when I was a kid. A couple of nice Colts.
Wow, some sanity out of the Ninth Circuit.
***Oh no, does this now mean the Dems will just make up a new law to counter this ruling? ***
Of course they will or already have, just like they have circumvented the will of the VOTERS who, thirty two years ago, REJECTED Prop 15, which would have banned the selling of handguns in California.
The firing pin imprint law has killed new handgun ownership in Cali as gun companies are no longer selling their guns in Cali.
My husband had several guns and my favorite was a NICE little Baretta. He carried it and we lived (Husband gone now.) in California. I sure LIKE it.
Still, “The statute also requires that the applicant have good cause,”. I must have missed whatever the Constitution had to say about that.
thank God and mr. volokh.
hopefully now my wife will be able to apply.
The ninth circuit is not known as a conservative circuit. This looks good.
A win for the good guys!
I’m waiting for an ambush!! Seems fishy!
There is NO WAY this is going to stand. If anything the 9th circus is colluding with democrat libs to ensure the 2nd amendment is obsolete in the golden state. As much as I’d love to celebrate this decision I just can’t get too excited.
“The firing pin imprint law has killed new handgun ownership in Cali as gun companies are no longer selling their guns in Cali.”
Not true yet. Plenty of handguns are still okay for sale.
Link no work.
Ruger and S&W have pulled out. Will Colt follow? Will those that stay have the firing pin micro stamped?
The Morons in the state capital screwed themselves when the passed a law making open carry illegal. As such in order to bear arms would require concealed carry. Since counties and cities restrict concealed carry or require a permit they are infringing upon the right to bear arms. They left no room for the Court. In the end it would mean even a permit is infringing or limiting a persons right to bear. So either the State throws out their stupid open carry law or California and just became an unrestricted carry state or at a minimum a shall issue state with no reason needed to justify the need for concealed carry permit. Then again where does it say your have the right to keep and obtain a permit to carry
Try this link:
“Oh no, does this now mean the Dems will just make up a new law to counter this ruling? “
It depends on the judge. It's a very large circuit with many judges. Judge O'Scannlain is one of its conservatives.
This is a big deal. It’s not chat.
Have leftards explained yet how the cops will find the shell casings for a revolver?
That is only firearms that have passed California’s drop test. The new law now requires firing pin microstamping.
S&W and Ruger have said they will not comply and will not sell such firearms in Cali.
Why wait? Unless you live in one of the open carry prohibited states like CA or TX or FL, you can do it today.
The ninth displays sanity. Surprised but happy.