Thursday, June 16, 2016

Right to Carry a Concealed Weapon Not Protected by the Second Amendment

The Ninth Circuit found that the Second Amendment does not extend in protecting members of the general public while they carry a concealed firearm in public without a permit

Peruta v. Cty. of San Diego, 2016 BL 183925, 9th Cir., en banc, No. 10-56971, 6/9/16.

   Under California law, members of the general public must show “good cause” to carry a concealed weapon. “Good cause” is determined by local sheriffs, and in San Diego and Yolo counties, a person must state a specific reason to establish “good cause.” The court found that this standard, both at the state and county levels in this case, were “a reasonable limitation of the right to carry firearms in public.” The court, however, avoided to comment “whether the Second Amendment protects the ability to carry firearms in public, such as open carry.”

http://www.bloomberglaw.com/public/document/Peruta_v_County_of_San_Diego_No_1056971_2016_BL_183925_9th_Cir_Ju.

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