Explore The NRA Universe Of Websites

APPEARS IN News

Concealed Carry, California and the Truth About the 9th Circuit’s Ruling

Friday, June 10, 2016

Thursday, the 9th Circuit Court of Appeals ruled in a 7-4 decision that Americans don’t have a right to carry concealed handguns for protection. Since California bans people from openly carrying guns, their decision amounted to prohibiting people from carrying guns at all (whether openly or concealed).

It is clear that a judge’s political affiliation determines whether he thinks that people have a right to defend themselves.  Democratic judges are now moving to overturn recent Supreme Court decisions that struck down bans on guns.

Last year, about 0.24 percent of adult Californians had a concealed handgun permit.  In the rest of the U.S., the rate was 24 times higher, for a rate of 5.8 percent.  

In many parts of California, it is essentially impossible to get a permit.  In San Francisco County, just four people (0.0005 percent of the adult population), got a permit in 2015. That is an improvement over 2012, when just two permits were granted — one of which was to the sheriff’s personal attorney.  

Los Angeles has a slightly higher rate of 0.007 percent. But all of the permits went to judges, reserve deputies, and very wealthy donors.  Clearly, this isn’t the same thing as letting civilians defend themselves.

Police are probably the single most important factor in stopping crime.  But police understand the simple fact that they virtually always arrive on a scene after the crime has already occurred. Police strongly support permitted concealed handguns not only for this reason but also because they know how important it is for their own safety.

PoliceOne, the largest private organization of police officers, surveyed its 450,000 members in March 2013. Ninety one percent of respondents expressed support for relatively liberal concealed handgun laws.

Americans also agree.  An October 2015 Gallup poll found that a 56 to 41 percent margin of Americans believe that increased concealed carry leads to improved safety.

The majority in the 9th Circuit's ruling on Thursday made a sorry attempt to cite two economics papers, which they claim, show that permitted concealed carry causes an increase in some violent crime.  In fact, one of the papers showed no statistically significant changes and the other actually showed a statistically significant drop in crime after the right-to-carry laws were passed. 

One paper by Jens Ludwig examined whether homicides of adults who could carry concealed handgun permits fell faster than the deaths for juveniles who aren’t allowed to carry, but just like previous work that I had done with David Mustard, there was no statistically significant difference that people in the two groups are killed. 

But no matter who carries a permitted concealed handgun, people in both groups can benefit. 

Research has found that as more people carry:

- Some criminals have stopped committing crimes.

- Some have moved to commit crime in places where permitted concealed handguns weren’t yet allowed.

- Some criminals switched out of crimes like robberies where there was direct contact between victims and criminals and into crimes like larceny where victims aren’t directly threatened.

In the other paper for the Brookings Institution by John Donohue, the results clearly show that violent crime, murder, and robbery fall after the law is adopted. 

What the court doesn’t seem to understand is that the impact of the laws are being measured simultaneously in two different ways and that you can only see the impact on crime by looking at the net effect of those two measures. When you do that the effect for the law during its first year is not statistically significant, but the trend showed a clearly growing significant benefit over time.  And this is what you might expect as the number of people with concealed handgun permits, and thus the risk to the criminals committing crime, increases over time.

The figure here from my book "More Guns, Less Crime" (University of Chicago Press, 2010, 3rd edition) graphs out a different set of estimates from that paper.  The key thing here isn’t that some of estimated impacts on murder are initially positive, but, even in those cases, how they are less positive than they were before.

Among published, peer-reviewed papers by economists and criminologists, about two-thirds find that concealed carry is associated with a decline in violent crime rates.  The remaining papers find no change in murder, rape, or robbery rates.

So far, the Supreme Court has acknowledged that the Second Amendment right to “keep and bear arms” includes the right to carry for self-defense

Given this right, California’s prohibition of both open and concealed carry would seem to be unconstitutional. But in this debate, the Bill of Rights has become secondary to political preferences.

If you look at all the eleven 9th Circuit Court judges who made the ruling on Thursday, 8 were Democrats and 3 were Republicans.  One Democratic judge voted with the Republicans.  Seven of the judges claimed that there is no right for people to defend themselves outside their homes with concealed handguns, 4 said that there is such a right.  That partisan split is seen time after time in these Second Amendment cases.

This unfortunately holds true of some members of the U.S. Supreme Court, too.  If given the chance, the four liberal Justices currently on the Court are almost certain to vote to overturn the Heller and McDonald decisions, which struck down gun bans in D.C. and Chicago. 

Hillary Clinton has clearly indicated that she would appoint new Justices who would also vote in favor of such a ruling.

This case is likely to be appealed to the Supreme Court.  Whether people are allowed to defend themselves outside their homes in the eight relatively restrictive states such as California hangs in the balance with this election.  

Read the complete article: Fox News

TRENDING NOW

News  

Tuesday, July 17, 2018

Federal Court Upholds Decision to Block California’s Magazine Ban

A three-judge panel of the 9th Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday upholding a lower court’s decision to suspend enforcement of California’s restriction on the possession of magazines ...

Washington: Seattle City Council Passes Ordinance Making Firearms Unavailable for Self-Defense

Monday, July 16, 2018

Washington: Seattle City Council Passes Ordinance Making Firearms Unavailable for Self-Defense

On July 9th, the Seattle City Council passed a mandatory firearm storage ordinance to restrict the self-defense rights of Seattle residents.  The ordinance, if signed by Mayor Jenny Durkan, will impose a one-size-fits-all method of storing firearms as ...

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

News  

Friday, July 6, 2018

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

Shortly before 4:00am last Saturday morning, the two week long Third Review Conference (RevCon3) on the Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All ...

Federal Appellate Court Upholds Decision to Block California’s Magazine Surrender Requirement

News  

Friday, July 20, 2018

Federal Appellate Court Upholds Decision to Block California’s Magazine Surrender Requirement

Last summer, we reported on the welcome news that a federal court had blocked California’s plan to require owners of “large capacity” magazines to surrender or otherwise rid themselves of their formerly-lawful property. As the judge in ...

Anti-gun Propaganda Infiltrates History Channel’s Navy SEAL Drama “Six”

News  

Friday, July 20, 2018

Anti-gun Propaganda Infiltrates History Channel’s Navy SEAL Drama “Six”

With shows like “Tales of the Gun” and “Mail Call” with R. Lee Ermey, the History Channel has often served as a place where gun owners can enjoy entertainment free from the anti-gun political messaging ...

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

News  

Second Amendment  

Gun Laws  

Friday, July 13, 2018

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

On July 9, Sen. Chris Murphy (D-Conn.) offered the following ham-handed statement in an attempted attack on President Donald Trump’s U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh. Brett Kavanaugh is a true Second Amendment radical. ...

Illinois: Governor Signs Two Gun Control Bills

Tuesday, July 17, 2018

Illinois: Governor Signs Two Gun Control Bills

On July 17th, Governor Bruce Rauner signed House Bill 2354 and Senate Bill 3256 into law.

Moms Demand Action Reportedly Told Candidate Not to Talk about Support for Gun Ban

News  

Friday, July 20, 2018

Moms Demand Action Reportedly Told Candidate Not to Talk about Support for Gun Ban

Another chapter in the lengthy tale of gun control duplicity was written last week. On July 10, The Washington Free Beacon published a report of a video of Democratic nominee for New York’s rural upstate 21st congressional district Tedra ...

Washington: NRA and SAF File Lawsuit Against City of Seattle

Friday, July 20, 2018

Washington: NRA and SAF File Lawsuit Against City of Seattle

On Friday, July 20th, the NRA and the Second Amendment Foundation filed a lawsuit against the City of Seattle, Mayor Jenny Durkan, and others, to invalidate the mandatory firearm storage ordinance that was recently passed by ...

California: Federal Court Upholds Decision to Block California’s Magazine Ban

Thursday, July 19, 2018

California: Federal Court Upholds Decision to Block California’s Magazine Ban

A three-judge panel of the 9th Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday upholding a lower court’s decision to suspend enforcement of California’s restriction on the possession of magazines ...

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.