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
Bloomberg Dismisses Texas Hero, Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

News  

Monday, January 6, 2020

Bloomberg Dismisses Texas Hero, Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

Jack Wilson – a 71-year-old congregant of the West Freeway Church of Christ in White Settlement, Tex. – is a hero to most Americans. When a deranged man savagely murdered two of Mr. Wilson’s fellow ...

New Hampshire: Bill to Shut Down Shooting Ranges Set for Committee Hearing

Thursday, January 16, 2020

New Hampshire: Bill to Shut Down Shooting Ranges Set for Committee Hearing

On January 23rd, the New Hampshire Senate Judiciary Committee will hold a public hearing on Senate Bill 469, sponsored by Senator Jeanne Dietsch (D – District 9), at 10:00 AM in Room 100 of the State ...

Sorry Shannon, But Those “Random Civilians” Are What Are Known As NRA Members

News  

Sunday, January 19, 2020

Sorry Shannon, But Those “Random Civilians” Are What Are Known As NRA Members

We were well aware that after New York billionaire Michael Bloomberg spent a cool $2.5 million on his latest acquisition, majority control of the Virginia General Assembly, law-abiding gun owners in The Old Dominion would see an onslaught of legislation ...

Virginia Senate Passes Three Gun Control Bills - Committee Advances a Fourth

News  

Sunday, January 19, 2020

Virginia Senate Passes Three Gun Control Bills - Committee Advances a Fourth

Last week, the Virginia Senate Judiciary Committee sent four gun control bills to the full chamber. The measures included an attack on the state firearms preemption statute and Right-to-Carry permit holders (SB35), a one-handgun-a-month bill ...

State of Ignorance: California Pushes False Information to School Kids on the Second Amendment

News  

Sunday, January 19, 2020

State of Ignorance: California Pushes False Information to School Kids on the Second Amendment

As an incorporated provision of the United States Bill of Rights, the Second Amendment is the supreme law of the land, applying to all U.S. jurisdictions and to the actions of federal, state, and local ...

Washington: Upcoming Hearings On Gun Bills This Week

Sunday, January 19, 2020

Washington: Upcoming Hearings On Gun Bills This Week

As previously announced, the Washington State Legislature will be hosting committee hearings next week on over a dozen Second Amendment related bills. Please see below for the latest information on the committee hearing agendas, including ...

Missouri: Gun Bills Filed for 2020 Session

Friday, January 10, 2020

Missouri: Gun Bills Filed for 2020 Session

With the 2020 Missouri legislative session starting, legislators have filed pro-gun and anti-gun legislation. See below for information on some of the bills that have been introduced to date. Your NRA-ILA will keep you informed of ...

Virginia Gov. Northam Wants Millions in Tax Money to Ban Guns and Jail Gun Owners!

News  

Monday, January 6, 2020

Virginia Gov. Northam Wants Millions in Tax Money to Ban Guns and Jail Gun Owners!

In recent weeks NRA-ILA informed Virginia gun owners about gun control funding included in the state budget bill. The budget legislation, HB30, included a $250,000 appropriation to the Corrections Special Reserve Fund in order to provide for the ...

Los Angeles Backs Down, Repeals Controversial Ordinance Targeting NRA

News  

Tuesday, January 21, 2020

Los Angeles Backs Down, Repeals Controversial Ordinance Targeting NRA

FAIRFAX, Va. — The Los Angeles City Council today voted to formally repeal a controversial city ordinance requiring contractors seeking to do business with the city to disclose ties to the National Rifle Association (NRA). The ...

Alabama: Important Lifetime Carry Permit Legislation Introduced

Wednesday, January 22, 2020

Alabama: Important Lifetime Carry Permit Legislation Introduced

Today, January 22nd, legislation was introduced in the Alabama Legislature to create a new lifetime carry permit for state residents.

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.