The United States Court of Appeals for the Ninth Circuit is ruling in favor of California’s “good cause” requirement, saying the Second Amendment does not protect a right to carry a concealed gun in public.
On February 13 2014 Breibart News reported that a panel of judges from the Ninth Circuit struck down California’s “good cause” requirement. Thereafter–under pressure from State Attorney Kamala Harris–the court announced that it would rehear the case en banc. Today that en banc ruling resulted in the “good cause” requirement being upheld and Americans being told they have not right to carry a concealed gun in public.
The case–PERUTA V. CTY. OF SAN DIEGO–was filed by concealed permit applicants who think the “good cause” requirement infringed their Second Amendment rights in San Diego and Yolo Counties. On February 13, 2014, the Ninth Circuit panel sided with the Plaintiffs, ruling that the right to keep and bear arms is, in and of itself, a sufficient cause for bearing arms for self-defense. Moreover, that it is a sufficient cause both inside and outside of one’s domicile.
The San Francisco Chronicle quoted from Judge Diarmuid O’Scannlain’s majority opinion, in which he emphasized that “the right to bear arms includes the right to carry an operable arm outside the home for the lawful purpose of self-defense.”
But the en banc ruling went in the opposite direction, upholding the “good cause” requirement and unequivocally stating that Americans have no right to carry a concealed gun outside the home for self-defense. Writing in the majority opinion, Judge Williams Fletcher said, “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.”
AWR Hawkins is the Second Amendment columnist for Breitbart News and political analyst for Armed American Radio. Follow him on Twitter: @AWRHawkins. Reach him directly at firstname.lastname@example.org.