Californians Can Start Packing: Ninth Circuit Court of Appeals


The Ninth Circuit Court of Appeals struck down California’s concealed weapons rules, saying they violate the Second Amendment right to bear arms.

Judge Diarmuid O’Scannlain, writing for the majority in the 2-1 vote said, “California was wrong to require applicants to show good cause to receive a permit to carry a concealed weapon. The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense.”

The dissenting vote was very interesting, and may give proponents of concealed carry enough hope to want to try again.

That dissenting vote was delivered by Judge Sidney Thomas, writing that “the good cause requirement limited the number of people carrying concealed handguns in public to those legitimately in need. It limits the risk to public safety by reducing the number of guns in public circulation, but allows those who will most likely need to defend themselves in public to carry a handgun.”

If appealed, it would have to be taken up by the U.S. Supreme Court on their discretion.

In November last year, Charles Nichols wrote, in Concealed Carry Will Be At Most A Hollow Victory In California. In that story, Nichols said “Thanks to a recent decision by the California Court of Appeals, cities and counties are free to enact local laws which nullify carry permits.”

See also 9th Circuit to Decide Right to Carry Handgun Concealed in Public, from December 2012.

Dwight L. Schwab Jr. is a moderate conservative who looks at all sides of a story, then speaks his mind. His BS in journalism from University of Oregon, with minors in political science and American history stands him in good stead for his writing.

Dwight has 30 years in the publishing industry, including ABC/Cap Cities and International Thomson. A native of Portland, Oregon, and now a resident of the San Francisco Bay Area.

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