Ruling on concealed weapons keeps applications on hold
California law allows each county sheriff to determine if someone has “good cause” to have a concealed weapon. Ultimately, it may feel compelled to weigh in on the extent to which government can regulate gun carry outside the home.
Thursday’s ruling comes almost a year after the 11-member panel heard oral arguments in a rehearing of the case of Richards v. Ed Prieto, County of Yolo, filed after plaintiff Adam Richards was denied a concealed weapon permit in 2009.
In Los Angeles, however, walking outside your home with a concealed gun remains illegal unless authorities have decided you have “good cause” to carry.
The Carry 4 Defense Instructor believes it’s implied that the second amendment would include concealed weapons.
He added that the ruling underscores the importance of the 2016 presidential election.
Writing for the majority on Thursday, Judge William Fletcher cited numerous bans on carrying concealed weapons issued throughout USA history as well as English history dating back to the 13th century.
“I find that the District’s “good reason” requirement likely places an unconstitutional burden” on the right to bear arms, he wrote.
“I think what this does is really highlight the difference between what people in California feel about gun owner rights, and how we think about them here in Arkansas”, Collins said.
“This decision purposefully ignored the fact that the Richards plaintiffs didn’t ask for a right to concealed carry”. Alaska residents who obtain a concealed-carry permit can use it in close to 40 other states, but not California. As a result, banning concealed carry hardly stopped a person from carrying a gun. Before the Civil War, every single state to address the question of concealed carry allowed prohibitions against concealed weapons under the 2 Amendment or its state analogue.
The judges for this appellate court preside over much of the western United States, and records show oral arguments in Peruta v. County of San Diego dating back to December 2012, according to the court’s website.
However, gun owners do plan to mount a constitutional challenge of California’s open carry ban.
State Attorney General Kamala D. Harris, running a hard-fought battle to become California’s junior senator to Washington, welcomed the news of the ruling and chalked it up as a win for local controls over guns and who carries them in the community.
And that’s not just because a majority of state lawmakers here support that right.
“This is a significant victory for public safety and for local jurisdictions that apply sensible policies to protect the public”, said California Sen.
Collins said Thursday’s federal ruling in California should not carry any weight in the future here in the Natural State.
“One thought is that the Constitution needs to be nationalized, but others are comfortable saying that the values of the citizens of Louisiana are very different than those of NY”, says John Vile, a constitutional scholar at Middle Tennessee State University in Murfreesboro.