Breaking: 9th Circuit en banc on Peruta – 2nd Amendment does not apply to concealed carry

Just released:

The en banc court affirmed the district courts’ judgments and held that there is no Second Amendment right for members of the general public to carry concealed firearms in public.

Appellants, who live in San Diego and Yolo Counties, sought to carry concealed firearms in public for self-defense, but alleged they were denied licenses to do so because they did not satisfy the good cause requirements in their counties. Under California law, an applicant for a license must show, among other things, “good cause” to carry a concealed firearm. California law authorizes county sheriffs to establish and publish policies defining good cause. Appellants contend that San Diego and Yolo Counties’ published policies defining good cause violate their Second Amendment right to keep and bear arms.

The en banc court held that the history relevant to both the Second Amendment and its incorporation by the Fourteenth Amendment lead to the same conclusion: The right of a member of the general public to carry a concealed firearm in public is not, and never has been, protected by the Second Amendment. Therefore, because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry — including  a requirement of “good cause,” however defined — is necessarily allowed by the Amendment. The en banc court stated that there may or may not be a Second Amendment right for a member of the general public to carry a firearm openly in public, but the Supreme Court has not answered that question.

https://cdn.firearmspolicy.org/wp-content/uploads/2016/06/2016-6-9-peruta-richards-enbanc-opinion.pdf

As a reminder, California bans open carry entirely. By allowing arbitrary “good cause” requirements for concealed carry that can be denied under any pretext, the 2nd amendment is effectively non-existent outside of one’s home.

The Supreme Court will have to weigh in with a solid decision stating the 2nd Amendment applies to carry outside the home in order to overrule these sorts of decisions – and this will require another district coming up with a ruling opposite what the 9th circuit has returned.

Advertisements

Rape Survivor testifies at Maryland Legislator for Concealed Carry

Maryland is going through CCW law hearings right now and the following is testimony from a resident who lends a personal face to what is otherwise just statistics:

Kudos to the Daily Mail for actually being impartial in presenting this in their story: This incredibly difficult moment a rape survivor stood up in Maryland state Senate hearing to demand the right to carry a concealed weapon 

A brave rape survivor took the podium at a Maryland state Senate meeting this week and told the frightening tale about being stalked by a man she never met.

Jacqueline Kahn was speaking in support of a measure that would allow residents in Maryland to carry concealed weapons for self-defense.

The state is currently one of just a handful in the nation that doesn’t allow residents to carry firearms on the basis of protection alone.

‘I need you to know this is so incredibly difficult for me, but I feel like if I don’t humanize this, if I don’t make it clear how this legislation actually affects your daughters, your mothers, the women of this state, then it’s all just a bunch of numbers,’ Kahn told lawmakers.

In her presentation, Kahn told the Senators about how a man was once arrested in her back yard with duct tape and a knife.

‘I wish I could tell you that’s the only time I’ve been stalked, or that’s the only man who has stalked anyone in the state of Maryland. But there’s a huge number of women, who like me have been raped, who like me have been sexually assaulted — and we want the right to be able to do what we would be allowed to do throughout the majority of the rest of the United States,’ she said. Kahn didn’t speak about the details of her rape.