Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Coast-to-Coast Action in Right-to-Carry Cases

Monday, June 24, 2013

Just a week before December’s NRA victory in Shepard v. Madigan, the San Francisco-based U.S. Court of Appeals for the Ninth Circuit heard arguments against the abuse of California’s permitting structure by local authorities. The NRA-backed case of Peruta v. County of San Diego targets San Diego County, and Richards v. Prieto (a non-NRA case) challenges the practices of Yolo County. 

At issue in both cases is the California law that says a resident may only receive a carry license if he or she shows “good cause.” Issuing authorities such as county sheriffs or police chiefs have significant leeway in how “good cause” is interpreted, with some officials granting nearly every permit when the applicant passes a background check, and others imposing a nearly impossible standard. Further burdening the right, in 2011, California banned the unlicensed open carry of unloaded handguns, making it impossible to legally carry a handgun in any condition for self-defense outside the home without a license.

Representing Peruta was former U.S. Solicitor General Paul Clement. Clement argued that in Heller, the Supreme Court clearly did not limit the right to self-defense to the home. He went on to explain in detail the court’s analysis of the right to “bear” arms. For instance, the Supreme Court stated in Heller that the Second Amendment would not prevent restrictions on carrying firearms in “sensitive places,” implying that there must be some right to do so in places that are not “sensitive.” The attorney for San Diego responded by claiming there is a strong government interest in restricting carry outside the home due to the “deadly nature” of firearms—an argument epitomized by his statement that “a handgun with a couple of clips is a weapon of mass destruction.”

Also heard before the Ninth Circuit were arguments in Baker v. Kealoha, which challenges Hawaii’s near-complete ban on the issuance of concealed carry permits. Hawaii’s statute says that concealed carry permits shall be issued only “in an exceptional case” or “where urgency or need has been sufficiently indicated,” and gives police chiefs arbitrary power to decide whose case is “exceptional.” (In practice, no permits are ever issued, a fact that the government’s attorney carefully dodged during the argument.)

Meanwhile, just a week earlier and on the other side of the country, the U.S. Court of Appeals for the Second Circuit on Nov. 27 rejected a challenge to New York’s requirement—similar to California’s—that permit applicants have “proper cause” to get an unrestricted carry license. (That decision was in the non-NRA case of Kachalsky v. County of Westchester.) While the Second Circuit noted that “[t]he plain text of the Second Amendment does not limit the right to bear arms to the home,” it concluded that the right is more limited outside the home and that the “proper cause” requirement is “substantially related to New York’s interests in public safety and crime prevention.”

Finally, on March 21, a three judge panel for the U.S. Court of Appeals for the Fourth Circuit decided another non-NRA case, Woollard v. Sheridan. In that case, the state of Maryland appealed a decision by the United States District Court for the District of Maryland striking down the state’s requirement that a permit applicant have “good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger.” Maryland authorities do not traditionally consider self-defense a “good or substantial” reason to carry. NRA submitted a “friend of the court” brief in the case to make clear that “[b]ecause it almost completely forecloses the right to carry handguns for self-defense outside the home, Maryland’s statute is in conflict with the Second Amendment.”

Unfortunately, the panel ruled in favor of the state, overturning the district court’s decision. Writing the opinion, Judge Robert Bruce King argued that the federal district court applied too high a standard of review to Maryland’s law, and that if the law was examined in the way the appeals court preferred, the “State has demonstrated that the good-and-substantial-reason requirement is reasonably adapted to Maryland’s significant interests in protecting public safety and preventing crime.” A request for review by the full Fourth Circuit was denied on April 16.

With all of these cases pending, the coming weeks and months will surely bring significant rulings that affect every American’s right to self-defense outside the home. No matter the result, the NRA will continue to fight in the courts and in the state legislatures to protect the right to self-defense recognized in Heller and so articulately described by Judge Posner in the Seventh Circuit’s Shepard ruling.

TRENDING NOW
Washington: NRA Files Legal Challenge Against Misleading Ballot Title for Gun Control Initiative

Thursday, May 17, 2018

Washington: NRA Files Legal Challenge Against Misleading Ballot Title for Gun Control Initiative

Yesterday, NRA filed a legal challenge in the Thurston County Superior Court objecting to the misleading and inadequate ballot title for Initiative 1639, which seeks to further restrict the Second Amendment rights of Washington's law-abiding citizens.  The Thurston ...

Massachusetts: Anti-Second Amendment Bills Rolled into Committee Substitute

Tuesday, May 22, 2018

Massachusetts: Anti-Second Amendment Bills Rolled into Committee Substitute

On May 23rd, the Massachusetts state House of Representatives will be voting on House Bill 4517, which would allow firearms to be seized from individuals following baseless accusations without proper due process.

Hard Times for Dick's as Second Amendment Supporters Respond to Company’s Anti-Gun Bent

Hunting  

News  

Friday, May 11, 2018

Hard Times for Dick's as Second Amendment Supporters Respond to Company’s Anti-Gun Bent

We have recently been reporting on the bizarre anti-gun activism of one of the nation’s larger firearm retailers, Dick’s Sporting Goods and its affiliated Field & Stream stores. First, the company announced it would stop selling most centerfire semi-automatic ...

Illinois: Gun Control Bills to be Heard This Week

Tuesday, May 22, 2018

Illinois: Gun Control Bills to be Heard This Week

The Illinois state House of Representatives can take action any day on House Amendment 1 to Senate Bill 2580 to expand the 72 hour waiting period to all firearms.  On May 24th, the Illinois state ...

Sorry, Alyssa, But We're Glad We Came

News  

Friday, May 11, 2018

Sorry, Alyssa, But We're Glad We Came

You likely recall we mentioned a new anti-gun organization recently formed, which was billed as the brainchild of actress Alyssa Milano.  You may also recall that we reported her group, NoRA, had made the vaguely threatening proclamation, ...

News  

Friday, April 27, 2018

NRA Statement on Yeti

The National Rifle Association released the following statement from in response to Yeti’s inaccurate statements:

New Jersey Action Needed: Senate Committee Passes Multiple Gun Control Bills

Tuesday, May 22, 2018

New Jersey Action Needed: Senate Committee Passes Multiple Gun Control Bills

Yesterday, the Senate Budget and Appropriations Committee considered and passed multiple anti-gun measures. 

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Anti-Gun Democrat Proposes Banning Semi-Autos and Going After "Resisters"

News  

Friday, May 11, 2018

Anti-Gun Democrat Proposes Banning Semi-Autos and Going After "Resisters"

The headline of the USA Today op-ed said it all. Anti-gun Congressman Eric Swalwell (D-Calif.) last week advocated for legislation to ban an as-yet undetermined class of semi-automatic firearms and to “go after resisters” who refuse to relinquish their ...

Tuesday, May 8, 2018

ALERT! Can't Wait for Your YETI Cover Up Stickers?

Approximately 100,000 free stickers, proudly displaying the message "I STAND WITH THE NRA FOUNDATION," were distributed at the NRA Annual Meeting in Dallas, Texas last week.  These stickers were designed to cover up the YETI ...

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.