Explore The NRA Universe Of Websites

Peruta Opinion Finds No Right to Carry Concealed Firearms

Thursday, June 9, 2016

Peruta Opinion Finds No Right to Carry Concealed Firearms

A full panel of the U.S. Court of Appeals for the Ninth Circuit today used shameful sophistry and sleight of hand to effectively deny millions of Californians their constitutional right to bear firearms in public for self-defense. The ruling came in the long-running case of Peruta v. San Diego, which challenged California’s discretionary issuance of concealed carry permits, the only option Californians have to legally exercise this right. Ignoring that fact, the court held that concealed carry of firearms in public is not protected by the Second Amendment and that discretionary permitting for it therefore does not offend that provision.

We have been reporting on the saga of the Peruta case for a number of years (including here, here, here, and here). The issue in the case is simple: Does the Second Amendment allow California officials to deny the state’s residents the only effective means they have of carrying a firearm in public for self-defense, absent a showing of an extraordinary need to do so? The answer to that question is simple – no – and it was answered correctly in an opinion by a three judge panel of the Ninth Circuit back in 2014.  The panel recognized that the question at the heart of the case was “whether a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense.”

Nevertheless, after that decision was issued, a majority of the full Ninth Circuit Court of Appeals took it upon itself to order the case to be reheard. In reversing the panel’s decision, the full court deceptively recast the issue in the case as whether plaintiffs, who “wish to carry concealed firearms in public” but “do not satisfy the good cause requirements in their counties” nevertheless have a Second Amendment right to be issued concealed carry licenses.

The plaintiffs asserted because concealed carry licenses are the only means responsible, law-abiding Californians have to exercise their Second Amendment right to bear arms in California, they cannot be subject to issuance only on a showing of extraordinary need. It was the State of California, not the plaintiffs, that decided concealed carry would be the vehicle state residents had of protecting themselves from violent crime in public.

While a majority of the Ninth Circuit judges signed onto the decision to deny Californians their rights, three strongly-reasoned dissents, accounting for the opinions of four judges, called out the majority’s chicanery. The dissents correctly point out that it was the State, not the plaintiffs, who established the “concealed carry” permitting context of the case. The dissenting judges also would have explicitly held that responsible, law-abiding Americans certainly do have a right to “bear” arms in public for self-defense.  According to the dissent of Judge Conseulo M. Callahan (an appointee of President George W. Bush), the majority’s framing of the case was nothing more than “an elaborate straw man.”

While the majority opinion blithely asserts that people who believe California’s ban on open carry violates the Second Amendment have the option of challenging that ban, they ignore the fact that no provision of California law provides a means for law-abiding citizens to do so for self-defense. Thus, achieving proper standing to mount such a challenge would be difficult for anyone who does not commit a criminal violation of California’s open carry ban.

In the final analysis, the majority opinion does perform one very important public service: It provides the clearest possible example of why liberty-loving Americans need to go to the polls this November and vote for those candidates who will preserve their Second Amendment rights. The consequences of failing to do so could not be clearer.

“Once again the 9th Circuit showed how out of touch it is with mainstream Americans.  This decision will leave good people defenseless, as it completely ignores the fact that law-abiding Californians who reside in counties with hostile sheriffs will now have no means to carry a firearm outside the home for personal protection. This flawed ruling underscores the importance of the 2016 election. It is imperative that we elect a President who will appoint Supreme Court justices who respect the Second Amendment and law-abiding citizens right to self-defense,” Chris W. Cox, executive director, National Rifle Association Institute for Legislative Action (NRA-ILA).

TRENDING NOW
Connecticut:  Gun Control Legislation Nearing House Vote

Thursday, May 25, 2023

Connecticut: Gun Control Legislation Nearing House Vote

Gun banners in Hartford have been busy all session cooking up a concoction of more gun control.  In a state where there is already a large buffet of gun laws, it’s time for Connecticut gun ...

Updates to ATF Final Rule on Stabilizing Braces

News  

Monday, January 30, 2023

Updates to ATF Final Rule on Stabilizing Braces

On Monday, January 30, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) published the final Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule for public inspection in the federal register.

U.S. House Judiciary Committee Advances Pistol Brace Resolution

News  

Monday, April 24, 2023

U.S. House Judiciary Committee Advances Pistol Brace Resolution

On April 19, the U.S. House of Representatives Judiciary Committee voted 23-15 to advance H.J.Res.44, which would reign in the Bureau of Alcohol, Tobacco, Firearms and Explosives’ attempt to regulate pistol stabilizing braces. The resolution employs ...

Louisiana House Passes Constitutional Carry

Tuesday, May 23, 2023

Louisiana House Passes Constitutional Carry

Last week, the House Administration of Criminal Justice Committee held their “Gun Day,” where multiple pro-gun bills passed out of committee and the lone anti-gun measure was involuntarily deferred. Your active participation was crucial to protecting and ...

New York State Police Advocate: Governor’s Gun Seizure Mandate is Hindering Crime Fighting

News  

Monday, May 22, 2023

New York State Police Advocate: Governor’s Gun Seizure Mandate is Hindering Crime Fighting

Proponents of so-called “red flag” laws like to claim they are a “public safety” measure. But a union representing state police investigators in New York is sounding the alarm that a mandate handed down by ...

The Disingenuous “Assault Weapons” Ban

News  

Monday, May 8, 2023

The Disingenuous “Assault Weapons” Ban

On April 25, 2023, Washington Gov. Jay Inslee (D) signed HB1240 into law. The legislation is a sweeping, and flagrantly unconstitutional ban on commonly-owned semi-automatic firearms. The law prohibits a host of rifles by name, including America’s ...

South Carolina Final Constitutional Carry Vote Soon - Contact Your Senator Today!

Tuesday, May 23, 2023

South Carolina Final Constitutional Carry Vote Soon - Contact Your Senator Today!

Senate Bill 109/House Bill 3594, NRA-backed constitutional carry bills, could be up for a Senate floor vote as early as this week. Your active participation has been pivotal in safeguarding and upholding our fundamental right to ...

South Carolina: Constitutional Carry Advances to Floor from Senate Judiciary Committee

Tuesday, May 9, 2023

South Carolina: Constitutional Carry Advances to Floor from Senate Judiciary Committee

The Senate Judiciary Committee voted 12-11 to pass S.109, the NRA-backed Constitutional Carry bill, and it has now been sent to the Senate floor for further consideration. This is a huge step toward South Carolina becoming the next state ...

New San Francisco Law Would Prohibit Intimidating Crooks by Drawing Weapons

News  

Monday, May 22, 2023

New San Francisco Law Would Prohibit Intimidating Crooks by Drawing Weapons

Comedian Dave Chappelle visited San Francisco last week to perform. “What the f—k happened to this place?” he asked, declaring that the whole city has morphed into its infamous Tenderloin district. “Y’all … need a Batman!” 

Connecticut:  Gun Control Bill Passes the House and Moves to the Senate

Saturday, May 27, 2023

Connecticut: Gun Control Bill Passes the House and Moves to the Senate

On Thursday, the House passed HB 6667 on a vote of 96-51.  This drastic gun control legislation has a bit of everything.  It contains a ban on open carry and strengthens prohibitions and registration of semi-auto "assault ...

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.