Ninth Circuit Declares That Law-Abiding Citizens Should Be Able To Get Concealed-Carry Firearms Permits for Self-Defense
On February 13, 2014, the United States Court of Appeals for the Ninth Circuit (which includes California) ruled that by not accepting lawful self-defense as “good cause” for awarding concealed-carry permits, San Diego County was in violation of the Second Amendment. The Court determined that the county’s policy had created a “near-total” ban that, in the context of California’s overall regulatory scheme under which a concealed-carry permit is the only type of permit the county may issue, prevented law-abiding citizens from exercising their Second Amendment right to bear arms. Peruta v. County of San Diego.
California law generally prohibits the open or concealed carriage of a handgun in pubic locations.1 However, a person may apply for a license to carry a concealed weapon in the city or county in which he or she works or resides.2 To get such a license, the applicant must show good moral character, complete a specified training course and establish “good cause”.3
Each city or county has the power to issue a written policy setting forth procedures for getting a concealed weapon permit. San Diego County’s particular policy states, “one’s personal safety alone is not considered good cause.” After being denied concealed-carry permits for failing to show good cause, several individuals sued the County in federal court, arguing that San Diego County’s policy infringed on their Second Amendment right to bear arms.
After losing at the trial court level, the plaintiffs won on appeal. The Ninth Circuit ruled that San Diego County’s refusal to consider the plaintiffs’ general desire to carry guns for self-defense as “good cause” for issuing a concealed-carry permit violated the Second Amendment right to bear arms.
This case will have major implications for individuals who are qualified to purchase and possess firearms and who want to apply for concealed-carry permits out of a general desire for self-defense.
Chambers Law Firm has considerable expertise in the area of weapons offenses, providing guidance to its clients on all aspects of California weapons laws as well as building expert defenses for alleged violations of those weapons laws.
1 Penal Code sections 25400, 25850, 26350
2 Penal Code sections 26150, 26155
3 Penal Code sections 26150, 26155
