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
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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