Kopel: Ninth Circuit strikes California’s restrictive rule against licensed carry of handguns

Posted on February 14, 2014

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The Ninth Circuit's decision in Peruta v. San Diego, released minutes ago, affirms the right of law-abiding citizens to carry handguns for lawful protection in public.
California law has a process for applying for a permit to carry a handgun for protection in public, with requirements for safety training, a background check, and so on. These requirements were not challenged. The statute also requires that the applicant have "good cause," which was interpreted by San Diego County to mean that the applicant is faced with current specific threats. (Not all California counties have this narrow interpretation.) The Ninth Circuit, in a 2-1 opinion written by Judge O'Scannlain, ruled that Peruta was entitled to Summary Judgement, because the "good cause" provision violates the Second Amendment.

Read the article: The Volokh Conspiracy

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