Ninth Circuit Strikes Down CA Law Restricting Concealed Carry

Ninth Circuit Strikes Down CA Law Restricting Concealed Carry

In a 2-1 decision issued on February 13th, the Ninth U.S. Circuit Court of Appeals ruled “San Diego County violates the Constitution’s Second Amendment by requiring residents to show ‘good cause'” before being allowed “to obtain a concealed carry permit.”

The court ruled that the right to keep and bear arms is, in and of itself, a sufficient cause for bearing arms for self-defense. Moreover, it is a sufficient cause both inside and outside of one’s domicile. 

According to SFGate, Judge Diarmuid O’Scannlain’s majority opinion emphasized “the right to bear arms includes the right to carry an operable arm outside the home for the lawful purpose of self-defense.”

He said the Second Amendment must be read as including “the right to carry weapons outside the home” because “the risk of armed confrontation” is in no way limited to one’s home. He supported his points by citing the examples of “a woman toting a small handgun in her purse as she walks through a dangerous neighborhood or a night-shift worker carrying a handgun in his coat as he travels to and from his job site.”

O’Scannlain “disagreed with federal appeals courts that have upheld [similar] requirements” in states like New York and New Jersey, where citizens also have to show “good cause” to get a concealed permit.

Follow AWR Hawkins on Twitter @AWRHawkins.

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