Monday, August 15, 2016

Ninth Circuit Denies Rehearing in California Concealed Carry Case

The Ninth Circuit today denied rehearing of its en banc decision in Peruta v. County of San Diego, upholding California's "good cause" requirement for a concealed carry permit against a Second Amendment challenge.

The ruling is a significant win for advocates of restricted and regulated concealed carry.

Recall that the full Ninth Circuit rejected the Second Amendment challenge to the "good cause" requirement earlier this summer. Plaintiffs petitioned for a rehearing, but the court denied it.

The ruling ends the case at the Ninth Circuit. The plaintiff's only option now is to petition for Supreme Court review. But without a ninth justice, the Court (if it accepted the case) would almost surely split 4-4, leaving the Ninth Circuit ruling in place--that is, leaving things exactly as they are now.

The plaintiffs petitioned for rehearing by arguing that the en banc majority mistakenly ruled that the Second Amendment doesn't protect a right to concealed carry (when the case was in fact about whether the "good cause" requirement infringed on the plaintiffs' right to carry at all outside the home); that the majority's approach conflicts with other courts; that the majority's approach "impermissibly relegates the Second Amendment to Second-class Status"; and that the "Decision Unnecessarily Intrudes on the Prerogatives of the State."

Today's two-page Order doesn't specifically address those claims; it simply rejects the plaintiffs' petition for rehearing.

The Ninth Circuit's case page is here, with all appellate court filings.

http://lawprofessors.typepad.com/conlaw/2016/08/ninth-circuit-denies-rehearing-in-california-concealed-carry-case.html

Cases and Case Materials, News, Second Amendment | Permalink

Comments

Significantly, there was not a single dissent to the denial of the Full Court petitions.

Posted by: Charles Nichols | Aug 15, 2016 3:45:26 PM

Yes, good point; thanks, Charles!

Posted by: Steven D. Schwinn | Aug 15, 2016 3:49:43 PM

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