Thursday, February 13, 2014

9th Circuit: "Good cause" Violates Second Amendment


Great news out of the 9th Circuit Court of Appeals.

In the case of Peruta v. San Diego, the court found that requiring "good cause" to get a carry permit violates the Second Amendment. The court said the state of California can decide what training and background checks are required as well as the manner of carry. However, they can't preclude the vast majority of Californians from exercising their right to carry.

Dave Kopel has more here at the Volokh Conspiracy page of the Washington Post.

Here is some background on the original case, the decision by District Court Judge Irma Gonzalez, and the decision to appeal the case to the 9th Circuit. The case was appealed to the 9th Circuit in late 2010 which shows just how long it takes to move Second Amendment cases forward.

5 comments:

  1. Does this moot or encompass the Hawaiian case?

    Do you think now that 22 out of 25 of the most populated cities in the US are shall-issue this increases the chance of the Supremes taking the appeal?

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    Replies
    1. I can't speak to the Hawaiian case. However, given the split in circuits - 7th and 9th saying good cause is not enough and the 2nd and (most embarrassingly) the 4th saying it is enough - I think the Supreme Court will have to take it up sooner than later.

      Delete
  2. This is a huge win from a Court that is known to be not friendly to 2nd amendment cases!!!

    ReplyDelete
  3. YES!

    Lets hear it for the sensible civil right of armed self-defense!

    ReplyDelete
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