Court Rules No Constitutional Right To Carry Concealed Weapons

law-and-order-533138-mIn June, 2016, a 9th Circuit federal appeals court in California ruled the Second Amendment does not give people the right to carry concealed weapons in public. Peruta v. County of San Diego, 2016 WL 3194315 (9th Cir. 2016 – En Banc).  The court’s ruling upheld the state’s requirement that applicants for a concealed carry license must show “good cause ” to obtain such a license.

Under the California law, personal safety alone doesn’t qualify as good cause. Instead, good cause is defined by county sheriffs.  Examples of where good case was found are working in the firearms industry, transporting high-value items and having a threat to your life.

The appellate court specifically determined: “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.” The court also noted lawmakers were free to enact “any prohibition or restriction a state may choose” on the carrying of concealed guns.

The court declined to address whether the Constitution protects openly carrying a gun in public because that was not at issue in the case.

This ruling is consistent with another federal appellate court ruling from several years ago. In 2012, the New York state law limiting concealed carry licenses  for only those who could prove “proper cause” was upheld. Kachalsky v. County of Westchester, 701 F.3d 81 (2nd Cir. 2012).  That court also ruled the Second Amended right to bear arms does not provide the constitutional right to carry a concealed weapon.  The U.S. Supreme Court declined to review this case.

The general consensus seems to be that the U.S. Supreme Court will not review the Peruta case, but only time will tell.