Saturday, June 18, 2016

Firearm Forum Question: Federal Court Ruling on Concealed Carry Permits

Ask A Firearms Question:
Someone told me Gun Rights Activist (Pro Gun / Gun Owners) lost a battle in Federal Court over carrying a concealed weapon, what can you tell me?
Thank you James McMillin.


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Not a Legal Opinion

Answer :
Blog Administrator -
There was a ruling in Federal Court, the 9th Circuit Court of Appeals that ruled:
No Right to Concealed Gun Carry.

See more below ....







Essentially in a divided court, by a vote of 7-4, the 9th Federal Appeals Court on Thursday, June 9, 2016, stated that there is NO Constitutional Right to Carry a Concealed Weapon.
The court stated ....
"The protection of the Second Amendment - whatever the scope of that protection may be simply does not extend to the carrying of concealed firearms in public by members of the general public."
These action and ruling was brought upon by Gun Owners in two California counties challenged the requirement that they show "good cause," as defined by county sheriffs, before they could get concealed carry permits.
The court declined to say whether the Constitution protects openly carrying a gun in public. It said that question was not at issue in the case.

The court claimed its decision on the following ...
Thursday's majority opinion traced the rights of gun owners from medieval England to the founding of the United States and through the Civil War, finding that local laws almost universally prohibited carrying concealed firearms in public.
In 1897, well after the adoption of the Second Amendment, the U.S. Supreme Court ruled that "the right of the people to bear arms is not infringed by laws prohibiting the carrying of concealed weapons."
The appeals court said it followed the U.S. Supreme Court's method of looking to history to resolve gun rights issues.
"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 the requirement of 'good cause,' however defined is necessary allowed by the Amendment," the 9th Circuit said.
Many states have similar restrictions on concealed carry, and the lower courts are divided on whether they violate the Second Amendment. So far, however, the Supreme Court has declined to take up the issue in the wake of its landmark 2008 ruling that found a right to own a gun at home for self-defense.

Important: The 9th Circuit has jurisdiction over most of the Western Sataes, as shown below. If another Federal Court rules differently, it the would be decided by the Supreme Court which is currently short one judge.

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1 comment:

  1. Thank you sir for a quick response to my question.
    This merely shows that the NRA is worthless and that gun owners have over decades slowly had their rights eroded away.
    James McMillin

    ReplyDelete

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