BREAKING: Ninth Circuit Rules 2A Doesn’t Protect a Right to Carry a Concealed Firearm In Public
The Ninth Circuit, in an en banc decision of Peruta v. Cty. of San Diego, has ruled that the Second Amendment does not protect an individual’s right to carry a concealed in public. This in effect ratifies jurisdictions’ use of “may issue” permitting, requiring individuals to show good cause to obtain a concealed carry license.
From the ruling:
The Ninth Circuit, in an en banc decision of Peruta v. Cty. of San Diego, has ruled that the Second Amendment does not protect an individual’s right to carry a concealed in public. This in effect ratifies jurisdictions’ use of “may issue” permitting, requiring individuals to show good cause to obtain a concealed carry license.
From the ruling:
The en banc court held that the history relevant to both the Second Amendment and its incorporation by the Fourteenth Amendment lead to the same conclusion: The right of a member of the general public to carry a concealed firearm in public is not, and never has been, protected by the Second Amendment.
Therefore, because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry — including a requirement of “good cause,” however defined — is necessarily allowed by the Amendment. The en banc court stated that there may or may not be a Second Amendment right for a member of the general public to carry a firearm openly in public, but the Supreme Court has not answered that question.
Therefore, because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry — including a requirement of “good cause,” however defined — is necessarily allowed by the Amendment. The en banc court stated that there may or may not be a Second Amendment right for a member of the general public to carry a firearm openly in public, but the Supreme Court has not answered that question.