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California Attorney General Appeals Judge’s Ruling On San Diego County’s Gun Rules

Photo caption: Attorney General Kamala Harris announces on June 16, 2011, a statewide sweep ...

Photo credit: Office of California Attorney General Kamala Harris

Attorney General Kamala Harris announces on June 16, 2011, a statewide sweep that collected more than 1,200 firearms were seized from individuals legally barred from possessing them.

State Attorney General Kamala Harris Friday filed a petition urging the Ninth Circuit Court of Appeals to reverse a ruling—rendered in a San Diego-area lawsuit—that loosened restrictions on the ability to carry concealed guns.

In the Feb. 13 decision, the court asserted that San Diego County violated the Second Amendment by requiring people to show "good cause'' beyond a mere desire to carry a hidden firearm when applying for a concealed-carry weapons permit.


Court Opinion For Edward Peruta V. County Of San Diego

Court Opinion For Edward Peruta V. County Of Sa...

Read the 9th U.S. Circuit Court of Appeals opinion for Edward Peruta V. County Of San Diego.

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"Local law enforcement must be able to use their discretion to determine who can carry a concealed weapon,'' Harris said. "I will do everything possible to restore law enforcement's authority to protect public safety, and so today am calling on the court to review and reverse its decision.''

Currently, state law requires people to demonstrate a valid reason to carry a concealed gun and gives local law enforcement control over the permit process.

If the Ninth Circuit's ruling in Peruta v. County of San Diego is allowed to take effect, officials throughout the state could be required to issue concealed-carry permits based on nothing more than the applicant's assertion that they wish to carry a gun for self-defense, according to Harris.

In the San Diego area, concealed-carry permit applicants previously had been required to demonstrate "a set of circumstances that distinguish the applicant from the mainstream and causes him or her to be placed in harm's way.''

San Diego County Sheriff Bill Gore announced las week that he would not seek further review of the Ninth Circuit ruling.


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