The Ninth Circuit’s decision in Peruta v. San Diego, released minutes ago, affirms the right of law-abiding citizens to carry handguns for lawful protection in public. 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.
The Court ruled that a government may specify what mode of carrying to allow (open or concealed), but a government may not make it impossible for the vast majority of Californians to exercise their Second Amendment right to bear arms.
This will, I hope, blow all the local San Francisco effective bans on CCW out of the water too.
Cue the shrieks about bloodbaths in the street. Which won’t happen, because they never do. All that will happen is that violent crime will plummet.
Remember, the 9th is one of the most liberal circuits in the country. This is a major, major win, and returns Second Amendment rights to a state with a population larger than Canada’s.
Of course, the 9th merely remanded the case to the lower court for a new decision based on their ruling, and lord only knows what the gun-grabbers there will come up with to achieve the same effective ban on the right to bear arms in California.
But this will make it immensely more difficult for them to do so.