The 9th U.S. Circuit Court of Appeals has ruled that the Second Amendment does not grant the right to carry concealed, delivering a heavy blow to gun rights advocates.
The lawsuit was filed as a challenge to California’s concealed weapon law, which grants county sheriffs the authority to establish policies that define “good cause.” The plaintiffs include two California residents who were denied concealed carry permits in the state because they did not satisfy the “good cause” requirement in their counties. The plaintiffs alleged that the policies defining good cause in San Diego County and Yolo County violate their Second Amendment right to keep and bear arms.
In 2014, a 2-1 panel of 9th Circuit judges sided with the plaintiffs. If that decision had been allowed to stand, California would have become a “shall issue” state and permits to carry concealed could be issued to any applicant who meets basic requirements. However, California Attorney General Kamala Harris intervened and the appellate court agreed to reconsider the case with the full panel of 11 judges.
On June 9, seven of the appellate court judges affirmed the lower court’s decision, ruling that the Second Amendment does not grant citizens the right to carry a concealed firearm.
It is important to note that the opinion did not address the issue of the right to keep and bear arms, only the issue of whether people have a constitutional right to carry concealed. “We hold only that there is no Second Amendment right for members of the general public to carry concealed firearms in public,” the appellate court wrote. The court also did not address the issue of whether the Second Amendment grants “some ability” to carry firearms in public.
Gun rights groups are speaking out against the decision.
“Once again the 9th Circuit showed how out of touch it is with mainstream Americans,” C.D. “Chuck” Michel, the president of the California Rifle and Pistol Association (and one of the plaintiffs in the lawsuit), said in a statement.
“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,” he said.
Other recent court cases have echoed this decision.
