Explore The NRA Universe Of Websites

APPEARS IN News

Pro-Second Amendment Ruling Stands--Ninth Circuit Rejects Attempts by California AG and Brady Campaign to Meddle with Peruta Decision

Friday, November 14, 2014



As we’ve been reporting, a three-judge panel of the United States Court of Appeals for the Ninth Circuit handed gun owners a tremendous victory in February by recognizing the Second Amendment protects a right to bear arms outside the home.  The decision also invalidated the San Diego County Sheriff’s policy of issuing concealed carry permits only upon a showing of extraordinary need for self-protection that would distinguish the applicant “from the mainstream.”

Following the decision, San Diego County Sheriff William D. Gore declined to appeal the ruling.  This led the California Attorney General, the Brady Campaign, and others to file motions to intervene in the case so they could request rehearing before a larger panel of the Ninth Circuit or appeal to the Supreme Court.  In the meantime, the panel’s decision was put on hold, although a number of California counties relented and changed their may-issue policies to shall-issue in recognition of the court’s holding.

On Wednesday, the same three-judge panel rejected the motions to intervene in the case.  The court found that the would-be intervenors failed to timely file their motions.  Noting the late stage of the proceedings and the fact that the case was over four years old, the court found that there was ample opportunity for earlier intervention in the case had the state or the Brady Campaign decided to act on it.

While the challenge in this case targeted San Diego’s interpretation of “good cause” for issuance of a permit, the court’s decision, if it becomes final, would affect the entire Ninth Circuit.  No other jurisdiction under the court’s authority, including Hawaii and certain U.S. territories, could require showing of an extraordinary need for a person to exercise the right to carry a firearm for self-defense in public.

Nevertheless, the most recent order could be appealed to a larger en banc panel of the Ninth Circuit, and petitions for review of two other cases challenging “may-issue” requirements are currently pending in the Ninth Circuit.  Until all three of these cases reach final judgment, the arbitrary “may-issue” carry permit systems in certain California jurisdictions, Hawaii, and elsewhere could remain in effect.

In the meantime, the panel’s latest decision represents another setback for gun control extremists in California.  Still, their seemingly inexhaustible supplies of money and denial indicate they will not accept defeat easily.  Whatever happens in these cases, your NRA will continue to report on important developments.

TRENDING NOW
As the Court Decisions Roll In, Have Gun Controllers Finally Overplayed Their Hand?

News  

Thursday, July 2, 2026

As the Court Decisions Roll In, Have Gun Controllers Finally Overplayed Their Hand?

The final week of June brought a flurry of legal action on various gun control laws in the states.

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Wednesday, July 1, 2026

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Today, the United States Supreme Court granted certiorari in two cases challenging bans on “assault weapons.”

California Glock Ban Triggers Warning from Trump DOJ

News  

Monday, June 29, 2026

California Glock Ban Triggers Warning from Trump DOJ

Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), continues to play offense when it comes to the Trump administration defending the Second Amendment.

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

News  

Monday, June 29, 2026

President Trump Reiterates Support for National Right-to-Carry Reciprocity and NRA

During remarks to American workers at a Mack Trucks facility in Macungie, Pa. on June 23, President Donald Trump reiterated his support for National Right-to-Carry Reciprocity and NRA.  

Florida Court: Young Adult Carry Ban Reduces the Second Amendment to a “Second-Class Right”

News  

Monday, June 29, 2026

Florida Court: Young Adult Carry Ban Reduces the Second Amendment to a “Second-Class Right”

A recent court decision adds Florida to the list of some 14 constitutional (“permitless”) carry states in which adults under the age of 21 may legally carry firearms. 

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

Monday, June 29, 2026

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

In a major victory for the right to keep and bear arms, the Washington Circuit Court today granted a statewide preliminary injunction preventing enforcement of Virginia’s newly enacted “assault firearm” and magazine bans, finding that ...

Oregon: Initiative Petition 28 Threat to Hunting, Fishing, and Outdoor Heritage One Step Closer to Reality

Friday, May 29, 2026

Oregon: Initiative Petition 28 Threat to Hunting, Fishing, and Outdoor Heritage One Step Closer to Reality

The criminalization of hunting and fishing is one step closer to a reality in Oregon. 

“Red Flag” Law Claimed to Work Simply Because it is Being Used

News  

Monday, June 29, 2026

“Red Flag” Law Claimed to Work Simply Because it is Being Used

According to a recent editorial by an anti-gun spokesman, Florida’s version of a “red flag” law—also known as an Extreme Risk Protection Order (ERPO) law—is a “success” simply because it is being used.

California: Anti-Gun Bills Advance as Legislature Breaks for Summer Recess

Thursday, July 2, 2026

California: Anti-Gun Bills Advance as Legislature Breaks for Summer Recess

The California Legislature will adjourn today, July 2nd, for its summer recess, but the fight to protect your Second Amendment rights is far from over. Several anti-gun bills have advanced through the legislative process and ...

Virginia: Democrats Kick the Can on Unconstitutional Boondoggle with Spanberger Budget Amendment

Monday, June 29, 2026

Virginia: Democrats Kick the Can on Unconstitutional Boondoggle with Spanberger Budget Amendment

Today, the Virginia General Assembly met in Richmond to approve or deny Governor Spanberger's proposed Amendments to the state budget. 

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.