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
Biden Reiterates Call to Ban 9mm Handguns

News  

Monday, July 26, 2021

Biden Reiterates Call to Ban 9mm Handguns

During a July 21 CNN “presidential town hall,” Joe Biden expressed his support for a ban on commonly-owned handguns. Responding to a question about the recent increase in violent crime, the career politician stated,

Great Expectations, Empty Promises: Gun Control in Washington State

News  

Monday, July 26, 2021

Great Expectations, Empty Promises: Gun Control in Washington State

For years, voters in the Evergreen State have been assured that if only they approve certain gun control ballot initiatives, they would “save lives” and reduce crime. The Washington Alliance for Gun Responsibility (WAGR), the organization pushing ...

How Anti-Gun Research Works

News  

Monday, July 26, 2021

How Anti-Gun Research Works

The objective world mistrusts most gun policy research because it’s clear the objective is to produce an anti-gun outcome rather than honest analysis. Politicians and professional activists claim the mantle of evidence but will ignore ...

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.

St. Louis Prosecutor Kim Gardner Ignores Violent Crime While Playing Politics with Gun Owners

News  

Monday, July 26, 2021

St. Louis Prosecutor Kim Gardner Ignores Violent Crime While Playing Politics with Gun Owners

Similar to many other urban areas of the country, St. Louis saw a dramatic increase in homicide in 2020. The Gateway to the West’s homicide rate per 100 thousand residents exploded from 64.5 in 2019 to 87.2 in 2020. The homicide ...

Louisiana: Betrayal at the Capitol

Wednesday, July 21, 2021

Louisiana: Betrayal at the Capitol

Yesterday, SB 118, Constitutional Carry, was defeated due to several Senators reversing their initial vote of support on the bill.  Two of the Senators who flip-flopped were Senators Patrick Connick (SD-8) and Louie Bernard (SD-31). 

Students “School” Antigun Education Officials on Civil Rights, Receive Large Settlements in Court Cases

News  

Monday, July 19, 2021

Students “School” Antigun Education Officials on Civil Rights, Receive Large Settlements in Court Cases

Last September we reported on the saga of Ka'Mauri Harrison, a Louisiana elementary school student who was suspended for having a BB gun that happened to come into view while the fourth grader was participating in online ...

NRA-ILA Applauds Rep. Claudia Tenney and U.S. House of Representatives’ Amicus Brief Supporting Second Amendment Case Before Supreme Court

Tuesday, July 20, 2021

NRA-ILA Applauds Rep. Claudia Tenney and U.S. House of Representatives’ Amicus Brief Supporting Second Amendment Case Before Supreme Court

Earlier this year, the Supreme Court decided to hear the NRA-ILA backed case challenging New York’s restrictive concealed-carry-licensing regime. NRA-ILA’s opening brief is located here.

Forty-Three Amicus Briefs Filed In Support OF NRA-ILA Backed Second Amendment Case Before Supreme Court

Wednesday, July 21, 2021

Forty-Three Amicus Briefs Filed In Support OF NRA-ILA Backed Second Amendment Case Before Supreme Court

Earlier this year, the Supreme Court decided to hear the NRA-ILA backed case challenging New York’s restrictive concealed-carry-licensing regime. And just last week, NRA-ILA filed the opening brief in this crucial case, which is located here.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

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.

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.