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
H.R. 8 Markup: Liberal Democrats Markup Gun Control Legislation

News  

Friday, February 15, 2019

H.R. 8 Markup: Liberal Democrats Markup Gun Control Legislation

The Nancy Pelosi Speaker Era 2.0 continued on Wednesday, Feb. 13, with a markup of H.R 8, the “universal” background checks bill, in the House Judiciary Committee. Following on the heels of last week’s Judiciary Committee hearing, the same committee held a markup on ...

Turning a Right into a Privilege: HR 1112 Gives Feds Unfettered Power to Block Gun Sales

News  

Friday, February 15, 2019

Turning a Right into a Privilege: HR 1112 Gives Feds Unfettered Power to Block Gun Sales

H.R. 8, which would criminalize the private transfer of firearms, has received significant attention from the gun rights community. However, H.R. 1112, which purportedly targets the inappropriately-named “Charleston loophole,” is just as insidious an attack ...

Another Study Blames Guns, Excludes Reality

News  

Friday, February 15, 2019

Another Study Blames Guns, Excludes Reality

A study published in Preventative Medicine by Yu Lu and Jeff R. Temple concludes that “the majority of mental health symptoms examined were not related to gun violence. Instead, access to firearms was the primary culprit.”

Polls: No Lasting Support for Gun Control One Year After Parkland

News  

Friday, February 15, 2019

Polls: No Lasting Support for Gun Control One Year After Parkland

Thursday marked the one year anniversary of the terrible crimes at Marjory Stoneman Douglas High School in Parkland, FL. It was a somber occasion, but some media outlets couldn’t contain their glee this week that ...

Indiana: Self-Defense Bill Passes House, On To Senate

Tuesday, February 12, 2019

Indiana: Self-Defense Bill Passes House, On To Senate

On February 11th, the Indiana state House of Representatives voted 80-13 to pass House Bill 1284 to enhance protections afforded to law-abiding citizens acting in defense of themselves and others.  HB 1284 will now go to the ...

Washington: Magazine Ban & Firearm Seizure Bills Pass Committee

Friday, February 1, 2019

Washington: Magazine Ban & Firearm Seizure Bills Pass Committee

During the executive session on February 1st, the Washington state House Committee on Civil Rights & Judiciary voted to pass House Bill 1068 to ban many standard capacity ammunition magazines and House Bill 1225 for firearm ...

Illinois: Gun Tax Legislation Introduced

Tuesday, February 12, 2019

Illinois: Gun Tax Legislation Introduced

On February 11th, legislation was introduced (HB 2331) in the Illinois House that would impose a new gun tax on all firearms and firearm components sold in Illinois. 

Congress to Take Up Gun Control Next Week

News  

Friday, February 1, 2019

Congress to Take Up Gun Control Next Week

On January 8, two bills were introduced in Congress to impose so-called "universal" background checks. The bills, H.R. 8 and S. 42, are being misleadingly described as simply requiring background checks on all sales of firearms, but this is ...

House to Move Forward with Ineffective Gun Control Proposals

News  

Friday, February 8, 2019

House to Move Forward with Ineffective Gun Control Proposals

On Wednesday, gun owners got to see what a Nancy Pelosi controlled Congress looks like as the House Judiciary Committee held its first gun control hearing in nearly a decade. Things went as one would ...

Arizona state flag

Friday, February 15, 2019

Arizona: Committee to Hear School Pick-up/Drop-off Bill

On Wednesday, February 20th at 9:00AM, the Arizona state House Committee on Public Safety will be hearing House Bill 2693 to improve the ability of law-abiding citizens to defend themselves and their families by reducing arbitrary ...

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.