Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Victory in Peruta v. San Diego: Ninth Circuit Confirms Right to Carry Arms in Public

Friday, February 14, 2014

In a tremendous victory for the right to keep and bear arms, the Ninth Circuit Court of Appeals has confirmed that the Second Amendment protects an individual right to carry firearms for self-defense in public.  The landmark decision came in the NRA-supported case of Peruta v. San Diego County, brought on behalf of the CRPA Foundation and five individuals who were denied carry licenses by the San Diego Sheriff.  In its ruling, this federal court struck down a San Diego County Sheriff’s policy that prevented most law-abiding adults from getting a license to carry a firearm.

California law generally prohibits the carrying of firearms in public places, but allows sheriffs and chiefs of police to issue licenses to carry that exempt people from that prohibition.  California law also sets out criteria for issuing those licenses.  An applicant must: 1) be a resident of their respective city or county, 2) be of “good moral character,” and 3) have “good cause” for such a license.  Applicants must also pass a firearms training course.

Although many rural California counties accept self-defense as “good cause” to get a license to carry, many urban sheriffs and scores of urban chiefs of police across California have a policy, like that of San Diego Sheriff William Gore, that does not recognize self-defense as sufficient “good cause” to get a license to carry.  Instead, San Diego requires individuals to prove that they have a special need, beyond the desire to defend themselves and their families, in order to get a license.  Under this heightened standard nearly all citizens are disqualified.  So Sheriff Gore’s restrictive policy was essentially a ban on carrying firearms outside the home for most law-abiding adults, including the plaintiffs.

Peruta was filed in the federal district court in October 2009.  That court upheld Sheriff Gore’s policy as constitutional, so the plaintiffs immediately appealed that decision to the Ninth Circuit Court of Appeals.  The case got a great deal of attention when former Solicitor General, Paul Clement joined plaintiffs’ legal team.  Mr. Clement argued eloquently on behalf of gun owners before the Ninth Circuit on December 6, 2012.

In its opinion reversing the district court’s decision, the Court of Appeals held that San Diego’s “good cause” policy is unconstitutional, and echoed the points made in the briefs and by Mr. Clement at oral argument; that the government can ban open carry or concealed carry, but the Second Amendment prohibits the government from banning both.

Peruta was one of many cases that have been filed all over the country challenging the constitutionality of laws limiting the issuance of licenses to carry a firearm in public since the U.S. Supreme Court confirmed in 2008 and 2010 that the Second Amendment prohibits state and local governments from infringing the right to keep and bear arms.  The cases decided since then have met with mixed results.  Many were unfavorable and contrary to the Heller decision’s analysis.  The Seventh Circuit Court of Appeals did confirm the right to carry is protected outside the home in its opinion in another NRA-supported case, Shepard v. Madigan.  The Peruta court was heavily influenced by the rulings in the Sheppard and Moore cases.  But those decisions did not go as far as Peruta, because the issue of carry licenses was not before the court in them.  So Peruta is the first appellate decision to hold that licenses to carry cannot be denied to law-abiding citizens just because they do not have a special need to carry.

The Peruta ruling is a significant victory for the Second Amendment, and for the constitutional rights of all Americans, especially those in the Ninth Circuit.  We want our members and supporters to know that your hard work and loyalty is paying big dividends in the vindication of the Second Amendment.

TRENDING NOW
ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

Thursday, December 11, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and Citizens Committee for the Right to Keep and Bear Arms in filing ...

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

News  

Monday, December 8, 2025

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

Joe Biden has been out of office for over 300 days now, but his anti-gun legacy lingers, including in the form of a playbook left behind for anti-liberty governors (hello, Governor Gretchen Whitmer!) to consult. NRA-ILA ...

Just One More Step: Australia’s New Weapon Laws

News  

Monday, March 24, 2025

Just One More Step: Australia’s New Weapon Laws

Australia implemented a firearm ban and mandatory confiscation in 1996 pursuant to the National Firearms Agreement, in which nearly 700,000 privately-owned firearms were turned in to the government and destroyed. 

UK Continues Perilous Slide into 1984 Territory

News  

Monday, December 8, 2025

UK Continues Perilous Slide into 1984 Territory

By now, many of you have probably heard about the British subject (we are not really sure they should be called citizens anymore) who, after visiting the United States and enjoying the firearm freedoms many ...

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Thursday, December 11, 2025

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the Third Circuit Court of Appeals granted rehearing en banc in Siegel v. Platkin, an NRA-supported challenge to New Jersey’s carry restrictions.

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

News  

Monday, December 8, 2025

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

A few weeks ago, an alert discussed the Gallup organization’s polling that tracks historic changes in the public’s perception of mass media (newspapers, TV, and radio). Since 1972, Gallup has been asking Americans about their “trust and ...

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

Thursday, December 4, 2025

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

On Thursday, December 4, the Senate Law & Public Safety Committee advanced legislation that could potentially weaponize local zoning laws against outdoor shooting ranges. According to the bill statement, “This bill requires a municipality in which ...

New Jersey: Assembly Committee Schedules Gun Control Next Week

Friday, December 12, 2025

New Jersey: Assembly Committee Schedules Gun Control Next Week

On Monday, December 15, the Assembly Judiciary Committee will hold a hearing on a couple of gun control bills, promising to gift more coal to Garden State gun owners during the lame duck session. Please contact ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.