Court: No right to carry concealed weapons in public - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Court: No right to carry concealed weapons in public

Posted: Updated:

SAN FRANCISCO (AP) — Dealing a blow to gun supporters, a federal appeals court ruled Thursday that Americans do not have a constitutional right to carry concealed weapons in public.

In a dispute that could ultimately wind up before the Supreme Court, a divided 9th U.S. Circuit Court of Appeals said local law enforcement officials can place significant restrictions on who is allowed to carry concealed guns.

By a vote of 7-4, the court upheld a California law that says applicants must cite a "good cause" to obtain a concealed-carry permit. Typically, people who are being stalked or threatened, celebrities who fear for their safety, and those who routinely carry large amounts of cash or other valuables are granted permits.

"We hold that the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public," Circuit Judge William A. Fletcher wrote for the majority.

The ruling overturned a 2014 decision by a three-judge panel of the same court that said applicants need only express a desire for personal safety.

In a dissent, Circuit Judge Consuelo M. Callahan said the ruling "obliterates the Second Amendment's right to bear a firearm in some manner in public for self-defense."

Three other federal appeals courts have ruled similarly in the past, upholding California-like restrictions in New York, Maryland and New Jersey. In addition, another federal appeals court struck down Illinois' complete ban on carrying concealed weapons.

The 9th Circuit covers nine Western states, but California and Hawaii are the only ones in which the ruling will have any practical effect. The others do not require permit applicants to cite a "good cause." Anyone in those states with a clean record and no history of mental illness can get a permit.

The National Rifle Association called the ruling "out of touch."

"This decision will leave good people defenseless, as it completely ignores the fact that law-abiding Californians who reside in counties with hostile sheriffs will now have no means to carry a firearm outside the home for personal protection," said NRA legislative chief Chris W. Cox.

The New York-based gun control organization Everytown hailed the decision as "a major victory for public safety."

The California case began in 2009, when Edward Peruta filed a legal challenge over the San Diego County sheriff's refusal to issue him a permit. Peruta said he wanted a weapon to protect himself, but the sheriff said he needed a better reason, such as that his occupation exposes him to robbery.

Peruta, who is known as something of a legal gadfly, said he is neither a hunter, collector or target shooter but challenged the law because he believed it violated the Constitution. The NRA joined him in fighting the law.

The San Diego Sheriff's Department said Thursday that since the 9th Circuit tossed out the law two years ago, it has received 2,463 applications from people seeking a concealed-weapon permit without having to show good cause.

Sheriff's lawyer Robert Faigan said the department hasn't processed those applications and will continue to hold on to them while it waits to see what the Supreme Court does.

___

This story has been corrected to show that at least three federal appeals courts — not two — have ruled similarly.

  • Local NewsMore>>

  • Brush fire near Pauma Valley 100% contained

    Brush fire near Pauma Valley 100% contained

    Thursday, May 24 2018 10:13 PM EDT2018-05-25 02:13:46 GMT

    Crews dousing the smoldering remnants of a roughly 60-acre wildfire near Pala Casino had the burn area 100 percent contained Thursday night.

     

    Crews dousing the smoldering remnants of a roughly 60-acre wildfire near Pala Casino had the burn area 100 percent contained Thursday night.

     
  • Man accused of chasing girl with machetes in La Mesa charged

    Man accused of chasing girl with machetes in La Mesa charged

    Thursday, May 24 2018 9:49 PM EDT2018-05-25 01:49:56 GMT

    A terrifying scene played out in La Mesa earlier this week when an eighth grader was chased by a man with machetes on her way to school. The man accused – who allegedly had two machetes as he chased the 13-year-old girl – was shot by police and on Thursday was charged under unusual circumstances. 

     

    A terrifying scene played out in La Mesa earlier this week when an eighth grader was chased by a man with machetes on her way to school. The man accused – who allegedly had two machetes as he chased the 13-year-old girl – was shot by police and on Thursday was charged under unusual circumstances. 

     
  • Kitten Crash: Put a little 'meow' in the mix for your next party

    Kitten Crash: Put a little 'meow' in the mix for your next party

    Thursday, May 24 2018 9:40 PM EDT2018-05-25 01:40:48 GMT

    Imagine being at work, when suddenly your boss demands you stop what you're doing and take a break. In Thursday's Zevely Zone, Jeff's in the East Village with the San Diego Humane Society's first "kitten crash." 

     

    Imagine being at work, when suddenly your boss demands you stop what you're doing and take a break. In Thursday's Zevely Zone, Jeff's in the East Village with the San Diego Humane Society's first "kitten crash." 

     
Powered by Frankly
All content © Copyright 2000 - 2018 Midwest Television, Inc. All Rights Reserved.
For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices.