Court: No right to carry concealed weapons in public
A California federal appeals court ruled on Thursday that Americans do not have a blanket constitutional right to carry a concealed weapon in public, the Associated Press reports, taking a strong stand in the battle between gun control and gun rights advocates.
The ruling by the 9th U.S. Circuit Court of Appeals says law enforcement officials can require concealed weapons permit applicants to show they have a good reason for a permit beyond self-defense.
In a 7-4 decision, the 9th U.S. Circuit Court of Appeals ruled that the Second Amendment right to bear arms does not include carrying a concealed gun.
Michel also said it was “possible” that his clients would appeal the concealed weapon ban to the U.S. Supreme Court.
Hagel said this issue has come up time and again.
California’s gun laws bar people from openly carrying firearms and, in the case of concealed weapons, leave it up to sheriffs and police chiefs to set the criteria for what clears that “good cause” hurdle. Judge Bea joined Silverman’s opinion and a separate fiery by Callahan that says the majority “eviscerates” Second Amendment rights. Sacramento County Sheriff Scott Jones has issued almost 8,000 permits since being elected in 2010, and intends to continue issuing concealed carry permits to law-abiding adult residents of the county who seek them.
“I don’t personally have weapons, but if you want to carry one, then why not?” said Zach Wirth, a Woodland business owner.
Firearms Policy explained the case was brought by people who live in San Diego and Yolo counties in California.
A federal court is ruling gun owners need permission from law enforcement to carry a concealed weapon.
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.
Thursday’s majority opinion traced the rights of gun owners from medieval England to the founding of the United States and through the Civil War, finding that local laws nearly universally prohibited carrying concealed firearms in public. “The ruling misrepresented our complaint”, Second Amendment Foundation Executive Vice President Alan Gottlieb told Guns.com.
California Attorney General Kamala Harris called the ruling “a victory for public safety and sensible gun safety laws”.
“Since the 1830s, courts have pretty consistently said that the right to carry – concealed – is not part of the right to arms”, said David Kopel, Associate Policy Analyst with Cato Institute.
Considered a “shall-issue” state, those looking for a concealed firearm permit in Nevada need only meet three simple criteria: be 21 or older, don’t be a felon and take a certified firearms safety course.