A major Second Amendment decision on Thursday from the Ninth Circuit Court of Appeals intensified – and perhaps enshrined – this growing divide across the United States in how, where, and why Americans may carry weapons in public.
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Reasonable, though, the ruling is, any case involving the Second Amendment is fraught, especially in an election year, and particularly this year when control of the U.S. Supreme Court is at stake.
A Gay Pride flag flies below the U.S. flag during a celebration of the U.S. Supreme Court’s landmark ruling of legalizing gay marriage nationwide, at a rally in Ann Arbor, Michigan, June 26, 2015. Alaska residents who obtain a concealed-carry permit can use it in close to 40 other states, but not California. The 2 Amendment’s predecessor, the 1689 English Bill of Rights, “protected the rights of Protestants to have arms”-but “flatly prohibited” concealed carry”.
Judge William A. Fletcher, a Clinton appointee, stated in the ruling, “the 2nd Amendment does not protect in any degree the right to carry concealed firearms in public”.
The Ninth Circuit case centered on a challenge to California’s “good cause” law. The decision, Peruta v. San Diego, is likely to be the last word on this litigation: It was issued en banc, meaning the plaintiffs’ only remaining hope is a Hail Mary appeal to the Supreme Court, which makes a habit of avoiding gun cases these days.
Judge Consuelo Callahan dissented, citing 2008 and 2010 decisions by the Supreme Court affirming people’s right to keep guns in their homes, said any fair reading of those decisions suggests “the right to keep and bear arms extends beyond one’s front door”.
“Just as the lower court ruling had no effect on our CCW polices, nor will this decision”, Jones said in an email to The Sacramento Bee. In addition, another federal appeals court struck down Illinois’ complete ban on carrying concealed weapons.
Many counties in California relaxed their gun permit rules after a 2014 Ninth Circuit ruling said the Second Amendment protects carrying a weapon in public.
He got the endorsement of the National Rifle Association, and she won the support of the Brady Campaign to Prevent Gun Violence. County sheriffs are tasked with establishing policies to define “good cause”, and the sheriffs of two counties require a particularizedreason why the applicant needs to publicly carry a firearm for self-defense. Dianne Feinstein, a Democrat.
Hagel said this issue has come up time and again.
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Now it is a possibility the IN courts could revisit the Second Amendment and choose to restrict concealed carry IN public, but one local law professor believes that probably won’t happen considering the conservative history of our state. The NRA joined him in fighting the law.
