Court Tosses San Diego County’s Concealed Weapons Rules
Monday, February 17, 2014
Aired 2/17/14 on KPBS Midday Edition.
Dan Eaton, legal analyst.
Paul Neuharth, attorney.
The 9th U.S. Circuit Court of Appeals said Thursday that California is wrong to require applicants to show good cause to receive a permit to carry a concealed weapon. The court ruled that all law-abiding citizens are entitled to carry concealed weapons outside the home for self-defense purposes.
In San Diego County, the sheriff's office holds the power to issue concealed weapons permits, and it requires "all applicants to 'provide supporting documentation' in order 'to demonstrate and elaborate good cause,'" according to court documents.
It is the phrase "good cause" that led to the case.
The case was brought by Edward Peruta after the San Diego County Sheriff's Office denied him a concealed weapons permit in 2009 due to the "good cause" requirement.
The court's opinion states:
Peruta’s lead argument was that, by denying him the ability to carry a loaded handgun for self-defense, the County infringed his right to bear arms under the Second Amendment.
The divided three-judge panel that sided with Peruta Thursday disagreed with two other federal appeals courts that have upheld permit rules similar to California's.
The U.S. Supreme Court often takes cases when federal appeals courts issue conflicting rulings.
The Supreme Court ruled in 2008 that law-abiding citizens can keep handguns in the home for self-defense purposes, but didn't address whether that right extends outside the home.