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Ninth Circuit: The Second Amendment guarantees the right to carry a gun in public
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The novelty here isn’t the ruling itself but the court issuing it. It’s the Ninth Circuit, which has jurisdiction over the west coast and typically leans left thanks to liberal all-stars like Stephen Reinhardt. (He wasn’t part of the panel that heard this one, thankfully.) With today’s ruling, the Ninth joins the Seventh in holding that the Second Amendment, just as it says, includes a right to “bear” arms. States can regulate that right but they can’t ban it altogether. Three other federal appellate courts have ruled the other way, all but guaranteeing that SCOTUS will end up deciding this sooner rather than later. Memo to the Court’s conservatives: Grant cert ASAP, please, before Obama gets another appointment.
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Court tosses California's concealed-weapons rules
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San Diego County Sheriff Bill Gore could let the ruling stand and change his policy; ask that a special panel of 11 judges of the 9th Circuit rehear the case; or he could petition the U.S. Supreme Court to take it.
The San Diego County Sheriff's Department said it was consulting with lawyers and declined comment. |
Gun rights: Federal judges rule against Calif. restrictions on concealed carry
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The majority judges said such a requirement cannot be imposed on a constitutional right. Responsible, law-abiding citizens do not have to justify whether they are under an imminent threat to their safety to carry a gun for protection, the judges said.
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“To be clear, we are not holding that the Second Amendment requires the states to permit concealed carry,” Judge O’Scannlain said. “But the Second Amendment does require that the states permit some form of carry for self-defense outside the home.” |
Court overturns concealed-carry rule in blow to California gun law
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California, which has enacted some of the nation's strictest gun laws, allows residents to carry a concealed weapon if they meet several requirements, including completing a training course, demonstrating good moral character and establishing "good cause" to have the gun.
Interpretation of the statute is left to individual jurisdictions, with San Diego County taking one of the most restrictive stances by refusing to accept self-defense or concern for personal safety as a "good cause."
Instead, applicants must demonstrate a special need or a specific risk in order to establish good cause. |
More on the reasoning of the Ninth Circuit’s right-to-carry-a-gun opinion
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Thus, if California law had banned concealed carry but allowed open carry (which some states have historically done), that wouldn’t have violated the Second Amendment. And if California law had banned open carry but allowed concealed carry (perhaps requiring a license that pretty much all law-abiding adults could get), that too might well have been constitutional, on the theory that it still left people free to carry guns, but just regulated the “manner” of carrying.
But, as the Ninth Circuit majority points out, a general prohibition on all carrying of guns in public is more than just a way of regulating the manner of carrying: |
Ninth Circuit gun rights win underscores need for SCOTUS carry ruling
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Today’s ruling by a Ninth Circuit Court of Appeals panel in California that strikes down a requirement by San Diego County that concealed carry permit applicants must show “good cause” underscores the need for the Supreme Court of the United States (SCOTUS) to accept a New Jersey carry case filed by the Second Amendment Foundation, and discussed here earlier.
SAF founder and Executive Vice President Alan Gottlieb is “cautiously optimistic” that the Ninth Circuit ruling in Peruta v. San Diego, which is not a SAF case, will give the high court even more reason to accept the case of Drake v. Jerejian, which is a SAF case, joined by the Association of New Jersey Rifle & Pistol Clubs. |
Time for SCOTUS to define ‘bearing’ arms, and state limits?
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The U.S. Supreme Court is being asked to hear a case that could bring a definitive ruling on the right to bear arms outside the home, and yesterday 19 state attorneys general filed a brief with the high court urging it to take the case, ABC News reported.
Those AGs contend that upholding New Jersey’s requirement to provide a “justifiable need” to carry a gun outside the home for personal protection may allow future federal regulations to “effectively preempt” permitting schemes in 43 states, including their own. |
Court overturns county gun permit rules
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The lawsuit, filed against Sheriff Bill Gore and the county in 2009 by Edward Peruta and others, will go back to the U.S. District Court in San Diego for further proceedings.
“Hopefully this will at least establish some working ground rules for law-abiding citizens who desire to carry a firearm for self-defense,” said Peruta from his home in Connecticut, where he lives part time. |
Ninth Circuit Recognizes Right to Bear, Not Just Keep, Arms
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Part of what makes the new opinion in Peruta v. County of San Diego exciting is the talent ranged on both sides. Today’s 77-page majority opinion was written by highly regarded Judge Diarmuid O’Scannlain, a well-known Reagan appointee, joined by Judge Consuelo Callahan; a strongly worded 48-page dissent was penned by Judge Sidney Thomas, who’s been spoken of (“very smart and very liberal”) as a possible future Obama nominee to the Supreme Court.
Especially when set alongside rulings like the Third Circuit’s, today’s news makes it likely that the scope of the individual right to firearms will be teed up for further Supreme Court review sooner rather than later. |
CT: Connecticut Senator Charges Congress with Gun Violence ‘Complicity – No Mention of Constitution
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Joining with rights banning group Moms Demand Action for Gun Sense in America (MDA) and Mayors Against Illegal Guns (MAIG) on February 12, Senator Chris Murphy (D-CT) charged Congress with “complicity” in gun violence.
Murphy specifically took aim at those in Congress who have been critical of gun-free zones and have sought ways to allow citizens to arm themselves for self-defense in such zones.
Murphy said, “It’s complicity when in the face of increased shootings on public property, some in Congress want to make it easier to bring guns on public property.” |
KY: Kentucky Panel Advances Bill to Allow Concealed Guns in Bars
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A bill to allow concealed deadly weapons in Kentucky bars has passed its first committee hearing in the Legislature.
The Senate Licensing and Occupations Committee approved the measure Tuesday. The bill’s sponsor, Republican Sen. John Schickel of Union, is the committee’s chairman.
Current state law prohibits concealed firearms from being carried into bars, but Schickel’s bill would allow it as long as those who carry them do not drink. He called that a matter of self-defense. |
11 Best ARs for Deer Hunting in 2014
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AR rifles have grown immensely in popularity, and with good reason. These light-recoiling, durable semiautos make sense not only for military and law enforcement applications, but also for self-defense, competition and target shooting. ARs also make excellent hunting rifles, and there are a growing number of hunters who rely on their ARs to put meat in the freezer.
Today, many companies offer ARs that are great for hunting deer. They offer adjustable stocks, different sighting options and the fastest follow-up shot in the business. If you’re thinking of purchasing an AR for your next deer hunt, there are plenty from which to choose. |
ID: Senate committee advances campus carry bill, but not without opposition
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Following a sometimes contentious and, at times, emotional testimony during a two-hour Senate committee hearing on possessing firearms under certain circumstances on Idaho’s state college and university campuses, members of the Senate State Affairs Committee Wednesday voted 7-2 to advance Senate Bill 1254 to the full Senate.
Perhaps the most compelling testimony came from a Boise State University professor who supports the bill. Saying “I respectfully disagree with the presidents of Idaho’s colleges and universities who have all testified against this,” Dr. Kim McAdams told of her fear of not being armed on campus to defend herself against a stalker. |
ID: Police Officers Not Allowed To Comment About Guns On Campus
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But the public hearing was closed after two and a half hours, and before any Idaho law enforcement officers could publicly testify.
The Senate State Affairs Committee voted to move it forward.
The 7-2 decision comes as proponents argue that the bill is necessary to uphold second amendment rights and allow students and staff to protect themselves.
Under Sen. Curt McKenzie's bill, retired law enforcement and those with Idaho's enhanced concealed carry permit can bring a firearm anywhere on campus except dormitories and facilities seating more than 1,000 people, such as stadiums. |
Did the 9th Circuit Court just kill gun control?
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So is this decision (assuming it survives an appeal) a fatal blow to gun control? Not necessarily. States and counties could satisfy the court by accepting that a generalized interest in self-defense is a “good cause” justifying a concealed-carry permit.
But that wouldn’t prevent authorities from enumerating factors that would disqualify an applicant for a permit: mental illness, a criminal record or presence at a school or other sensitive location. |
9th Circuit agrees with 7th Circuit: Individuals have right to carry firearms in public
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As a decision looms in a much-watched U.S. Supreme Court case over the right of Americans to carry firearms in public for self-defense, a federal appeals court in California has added its weight to an existing circuit split on the issue.
In a Thursday decision, a divided panel of the San Francisco-based 9th U.S. Circuit Court of Appeals ruled 2-1 that a San Diego County rule requiring California residents to show "good cause" to carry a concealed handgun infringes on their Second Amendment right to bear arms. How exactly that constitutional violation must be remedied, however, is still open to question. |
MI: Prosecutor's office declines charges in Peninsular Place death
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There will be no charges in the death of 46-year-old John Lawrence even though the case has been investigated for almost a year as a homicide, Ypsilanti police announced Thursday night.
An email from Lt. Deric Gress said the Washtenaw County Prosecutor's Office had recently submitted their decision to the Ypsilanti Police Department to not charge anyone.
Gress said the prosecutor's office cited a number of factors, including self defense on the side of the accused and medical issues on the side of the victim. |
CA: Lead Ammo for Pistol in Condor Country?
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In the lead-free condor zone, can I carry a pistol that is loaded with lead ammo for self-defense, with the intention of NEVER using it for hunting purposes? The purpose of carrying it is for self-defense only. Of course I’ll be carrying lead-free ammo for my rifles, but I want to know about the side arm. Personally, I carry either a Glock 20 in 10mm or a Ruger 44mag. (Brandon C.) |
MO: Nieves, Nasheed Say NRA Misrepresent Language In Nullification Bill
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State Sen. Brian Nieves, R-Washington, Mo., is the bill's sponsor. He says the NRA is confusing Nasheed's amendment with Senate bills 556 and 565, also sponsored by Nasheed, that would make it a crime not to report lost or stolen weapons.
"(Nasheed's) amendment does not create a crime, it does not have a penalty of $1,000, (and) it does not include weapons or firearms that have been lost," Nieves said. "It exclusively talks about firearms that have been stolen."
... He also predicts the 72-hour reporting period will be removed when the House and Senate negotiate the final version of the nullification bill. |
Self-Defense Needs Justify Gun Permits in San Diego, Court Says
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A nearly identical challenge to Orange County's requirement that applicants show good cause is currently stayed pending the outcome of the San Diego case, Michel added.
"Unless the cities and counties see the writing on the wall, there's going to be more lawsuits filed to use this precedent to get rid of the systems that require good cause to get a permit," Michel said.
Edward Peruta, a journalist who says he needs to carry a gun to protect himself, brought the San Diego case after he was denied a permit for a concealed-carry license in 2009. |
It may soon be easy to carry a permitted concealed handgun in California
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California may soon join 42 other states in letting people carry concealed handguns once they meet certain objective criteria.
Thursday, the 9th Circuit Court of Appeals ruled that the state couldn’t ban both concealed and open carry guns. The court also struck down the so-called “good cause” requirement for getting a permit, saying that concern for one’s personal safety should be sufficient justification.
The Constitution guarantees Americans the right to “keep and bear arms.” To “bear” means to carry. |
Coalition of 19 states plead with SCOTUS to hear arguments against N.J.’s concealed carry law
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A coalition of 19 states is petitioning the U.S. Supreme Court to hear arguments on the legality of New Jersey’s restrictive concealed carry law.
New Jersey has one of the most restrictive concealed carry laws in the nation, with residents needing to prove a “justifiable need” to carry a weapon before applying for the permit. The law was upheld last summer by a three-judge panel of the 3rd U.S. Circuit Court of Appeals.
Ed.: The case is Drake v. Jerejian, filed by SAF and ANJRPC on behalf of Drake, et al., and a decision on the certiorari petition is expected in the coming weeks. |
FL: Worst Behavior: NRA Lobbying To Expand Florida’s Stand Your Ground Laws Despite Michael Dunn Trial
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While defense attorney Cory Strolla uses language from the Stand Your Ground law to move along what he hopes will be the acquittal of client Michael Dunn, the controversial legislation is about to see a major change.
Thanks to lobbying from the National Rifle Association, a state Senate panel considered a bill this week to expand Florida’s already expansive self-defense law. The move comes just as a jury deliberates on whether or not Dunn should be convicted of first-degree murder for the killing of unarmed teenager, Jordan Davis. |
Federal Court Says ‘Good Cause’ Requirement for Conceal-Carry Permits Violates the Second Amendment
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The U.S. Court of Appeals for the 9th Circuit handed gun rights advocates a major victory today by invalidating San Diego, California’s requirement that conceal-carry permits only be issued to those gun owners who have a “good cause” to carry a concealed gun in public.
According to local officials, “one’s personal safety is not considered good cause.” In his opinion for a divided three-judge panel of the 9th Circuit, Judge Diarmuid F. O’Scannlain rejected the local government’s approach as an unconstitutional infringement on the Second Amendment. |
San Diego County gun law violates 2nd Amendment, appeals court rules
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A federal appeals court decided Thursday that a San Diego restriction on carrying concealed guns in public for self defense infringes on citizens' 2nd Amendment rights.
In a 2-1 ruling, a panel of the U.S. 9th Circuit Court of Appeals overturned San Diego County permit requirements because the court said they denied responsible, law-abiding citizens the right to carry concealed handguns in public for self-defense. |
Ninth Circuit strikes California’s restrictive rule against licensed carry of handguns
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California law has a process for applying for a permit to carry a handgun for protection in public, with requirements for safety training, a background check, and so on. These requirements were not challenged. The statute also requires that the applicant have “good cause,” which was interpreted by San Diego County to mean that the applicant is faced with current specific threats. (Not all California counties have this narrow interpretation.) The Ninth Circuit, in a 2-1 opinion written by Judge O’Scannlain, ruled that Peruta was entitled to Summary Judgement, because the “good cause” provision violates the Second Amendment. |
NJ: Gun Owners’ Voices Heard, ‘Defaced’ Firearms Bill Amended in Committee
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However, thanks to your calls and e-mails to committee members, A.823 was unanimously amended to fix the state’s longstanding problem of defining “defaced” firearms. The ambiguous and sweeping definition in state statute would be changed under the bill to protect law-abiding gun owners from being ensnared and imprisoned for firearms that are rusted, refinished, or damaged through ordinary wear and tear.
While the amended language of Assembly Bill 823 is not yet available, New Jersey members can breathe a sigh of relief knowing that their damaged, worn or refinished firearms won’t land them in jail. |
Court Backs Concealed Guns
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The "question is whether [the San Diego County policy] allows the typical responsible, law-abiding citizen to bear arms in public for the lawful purpose of self-defense," wrote Judge Diarmuid O'Scannlain, an appointee of President Ronald Reagan. "The answer…is a resounding no."
"The ruling confirms what my clients have been saying all along—that the Second Amendment requires that people be allowed to carry outside the home for self-defense," said Chuck Michel, a lawyer for the plaintiffs. |
Missouri, Arizona Move on Measures Nullifying Fed Gun Grab
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On Tuesday, the Missouri state Senate approved a bill that would nullify federal attempts to infringe upon the right of citizens of that state to keep and bear arms.
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Citing the Missouri state constitution and the 10th Amendment to the U.S. Constitution, the measure restates the scope of federal authority as intended by our Founders. The bill further declares that federal supremacy does not apply to federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition within the state “because such laws exceed the scope of the federal government's authority.” |
CA: Concealed-weapons ruling an assault on public safety
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California's long-standing effort to reduce gun violence by largely outlawing the packing of guns in public places has come under serious challenge. A divided panel of the U.S. Ninth Circuit Court of Appeals ruled Thursday that its restrictions on the carrying of concealed weapons violated the Second Amendment of the U.S. Constitution.
The good news is that this 2-1 ruling is not the final word. It will be put on hold while the full appeals court decides whether to review it.
Also, it must be emphasized that this decision is an outlier among circuit-court reviews of concealed-weapons laws in New York, New Jersey and Maryland. |
CA: Sheriff responds to concealed-gun ruling
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San Joaquin County Sheriff Steve Moore reminds people that, although the state supreme court [sic] said people no longer need to show "good cause" to get a permit to carry a concealed weapon, they still need to meet other requirements, including "good moral character."
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Moore promised that "he will follow any changes in the law," according to a statement released by the Sheriff's Office on Thursday. |
Gabrielle Giffords, Mark Kelly will release a book on gun control
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The gun control debate is coming to a bookshelf near you.
After going to the President, Congress, and the press, former Arizona congresswoman Gabrielle Giffords is taking her fight for gun control to Americans with a new book set to hit shelves this June.
The staunch gun control advocate – and gun owner – is collaborating with her husband, retired astronaut Mark Kelly, on “Enough: Our Fight to Keep America Safe from Gun Violence.” |
IA: Lawmakers discuss gun rights in state constitution
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Iowa House Republicans on Thursday continued their effort to amend the state constitution to add the right to bear arms.
Lawmakers debated the proposal in a House subcommittee but did not vote to move the measure forward, instead pledging to have more discussions. The proposal would add language to the Iowa Constitution stating that the right to "acquire, keep, possess, transport, carry, transfer, and use arms to defend life and liberty and for all other legitimate purposes is fundamental and shall not be infringed upon or denied." |
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