9th Circuit decision to worry gun-grabbers

Yes, we were all shocked yesterday when the news came out that 9th Circuit Court actually made a decision based on the Constitution instead of the West culture, when they decided that the Second Amendment was being violated in San Diego where the issuers of concealed permits there required a “good cause” for the issuance. Much like the law in Maryland. From our favorite 2d Amendment journalist, Emily Miller at the Washington Times;

The case of Edward Peruta, et al v. County of San Diego, et al dealt with a concealed carry permitting process that made it virtually impossible for the plaintiffs to get a license. (California already has a total ban on open carry.)

Writing for the majority, Judge Diarmuid F. O’Scannlain concluded that “San Diego County’s ‘good cause’ permitting requirement impermissibly infringes on the Second Amendment right to bear arms in lawful self-defense.” The court reversed the district court’s decision.

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.

Of course, the ruling is probably headed to the US Supreme Court. But, I can’t think of another of the enumerated rights in the Constitution that a citizen has to prove a need to the government in order to have that right.

Category: Guns