Ninth Circuit strikes California’s restrictive rule against licensed carry of handguns

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.

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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.

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Today’s decision creates a split of the Seventh and Ninth Circuits vs. the Second, Third, and Fourth Circuits. The Peruta Court says that Circuits 2-4 erred by relying on cases which are, pursuant to Heller, incorrect, because those cases say that the only purpose of the Second Amendment is for the militia; Heller teaches that the Second Amendment right includes personal self-defense, and need not be connected to militia service.

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It is possible that San Diego County may petition for en banc review. Now that there is a well-developed circuit split, it is possible that the Supreme Court may grant one of the right to carry cert. petitions currently pending, arising from the northeastern cases. For today, congratulations are in order the firm of Michel & Associates, which has been taking the lead in right to carry litigation in California.

Source: David Kopel in the Washington Post (washingtonpost.com/news/volokh-conspiracy/wp/2014/02/13/ninth-circuit-strikes-californias-restrictive-rule-against-licensed-carry-of-handguns/)

Author: Greg Raven

Trained with Chuck Taylor. What else is there to know?