The Second Amendment is under fire again and still, and a ruling from the 9th Circus today undermines it once more, stating that it does not provide or protect a right to carry a concealed weapon outside the home.
By a vote of 7-4, the 9th Circuit Court of Appeals in San Francisco upheld a California law that requires gun owners to show a good reason before they can get a license to carry a concealed handgun.
“The protection of the Second Amendment — whatever the scope of that protection may be — simply does not extend to the carrying of concealed firearms in public by members of the general public.”
The court declined to say whether the Constitution protects openly carrying a gun in public. It said that question was not at issue in the case.
At issue was the notion of “good cause.” Essentially, citizens in California’s San Diego and Yolo Counties challenged the requirement that they give the Sheriff a good reason for needing a permit before they can get it. If you have a right to carry, you should not have to give the government a note that says why you ought to be allowed to exercise that right. The case, Peruta v. Cty. of San Diego, was originally decided in favor of the plaintiffs.
“The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense,” Judge Diarmuid O’Scannlain wrote for the majority at the time. Now that has been overturned.
From the Ninth Circuit:
“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 the requirement of ‘good cause,’ however defined — is necessary allowed by the Amendment.”
“Good cause.” And just think, we’re getting a brand new SCOTUS Justice soon who will be appointed by either Obama, Hillary, or Trump. Isn’t that great??