This one's going to the Supremes, maybe. Since there was a dissent, it might have to go to the entire bench of the 9th Circuit first...
◼ NINTH CIRCUIT STRIKES DOWN CA LAW RESTRICTING CONCEALED CARRY - Awr Hawkins/Breitbart via Kitchen Cabinet
◼ 9th Circuit rejects California “good cause” limitation on 2nd Amendment carry right - Le-gal In-sur-rec-tion
The Ninth Circuit gets it right in holding that California cannot both bar open carry and crimp the ability of law-abiding citizens to get concealed carry permits.
◼ Court strikes California law restricting concealed weapons - Bob Egelko/SF Chronicle via Tim Donnelly
In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco said San Diego County violates the Constitution's Second Amendment by requiring residents to show "good cause" - and not merely the desire to protect themselves - to obtain a concealed-weapons permit.
State law requires applicants to demonstrate good cause, as well as good moral character, to carry concealed handguns, while leaving the permit process up to each city and county. The ruling, if it stands, would require local governments to issue permits to anyone who claims a need for self-protection.
"The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense," said Judge Diarmuid O'Scannlain in the majority opinion....
The ban on openly carrying guns made it impossible for most law-abiding citizens in counties like SanDiego to "bear arms" for self-defense, O'Scannlain said in Thursday's ruling....
"The right to self-defense doesn't end at your threshold," (C.D. Michel, lawyer for the National Rifle and Pistol Foundation) said. He said the ruling was "probably the biggest Second Amendment win" since the Supreme Court's 2008 ruling and a follow-up decision in 2010.
◼ Federal Court Just Dealt a Major Blow to Anti-Gun Advocates in California - Jason Howerton/The Blaze
◼ Court gives NRA a big win for concealed carry gun rights in California - Washington Times
Petura v. San Diego sets up Supreme Court to resolve conflict between circuits
The National Rifle Association (NRA) funded the plaintiffs’ legal battle. Paul Clement was the lead attorney in the case and argued it before the Ninth Circuit.
“One of reasons the NRA thought this was a good case to bring was precisely the combination of California state law banning open carry and San Diego policy on licensing for concealed carry made it quite definitive that an ordinary, lawful citizen with an interest in self defense couldn’t carry no matter what,” Mr. Clement told me in an interview late Thursday.
