Ninth Circuit issues decision on concealed carry case

SAN DIEGO − On June 9, the Ninth Circuit Court of Appeals issued a decision in the case of Peruta v. County of San Diego, et al. This case involved applicants who were denied licenses to obtain concealed carry permits. The applicants were denied for failing to establish "good cause," as required under California law.

The applicants sued alleging that the "good cause" requirement violated their Second Amendment rights. The matter was eventually argued before an en banc panel of the Ninth Circuit Court of Appeals.

In its decision, the Ninth Circuit framed the issue as "whether the Second Amendment protects, in any degree, the ability to carry concealed firearms in public." The Ninth Circuit analyzed the history relating to the right to bear arms from 1299 through modern times and came to the conclusion that there is no right to carry a concealed firearm in public.

In support of its decision, the Ninth Circuit relied upon a decision of the U.S. Supreme Court. The Ninth Circuit concluded that because the Second Amendment does not protect in any degree the right to carry concealed firearms in public, any prohibition or restriction a state may choose to impose on concealed carry – including a requirement of 'good cause,' however defined – is necessarily allowed by the Amendment."

The Ninth Circuit left open the issue of whether California's prohibition on open carry may violate the Second Amendment by stating that "[t]here may or may not be a Second Amendment right for a member of the general public to carry a firearm openly in public."

Sheriff Gore has consistently stated that it is the function of the Legislature to make the laws, the courts to interpret the laws, and law enforcement's role to enforce the laws, regardless of their personal beliefs or biases. Throughout this San Diego County Sheriff’s Department legal process, Sheriff Gore has been committed to allowing the process to conclude so that clear guidance would be provided.

Based on the June 9 decision, the procedure of obtaining a license to carry a concealed weapon within the County of San Diego will continue as it has since the 1980s. As always, anyone who believes that they may have circumstances which place them in harm's way, and necessitate the ability to carry a concealed firearm, can apply for a license with the Sheriff's Licensing Division. Good cause is evaluated on an individual basis.

Instructions for applying for a concealed carry license can be found at http://sdsheriff.net/licensing/ccw.html.