Second Amendment Guarantees Right To Concealed Or Open Carry

Second Amendment Guarantees Right To Concealed Or Open Carry, Ninth Circuit Rules


The Ninth Circuit Court of Appeals, in ruling on Peruta v. County of San Diego, has affirmed and confirmed that the right to carry is guaranteed by the Second Amendment.

The decision holds that California must allow either concealed or open carry, but may not prohibit both under the law.

Specifically, the court has decided that California’s “good cause” licensing regime, which in effect says that a permit to carry need only be issued if it decided by the state that the applicant has sufficient reason to need protection, violates the Second Amendment, and that a “shall issue” regime, or one that assures that every law-abiding citizen has the right to obtain a license, is in keeping with the constitution.

The opinion, authored by Judge Diarmuid O’Scannlain, reads in part:

So concludes our analysis of text and history: the carrying of an operable handgun outside the home for the lawful purpose of self-defense, though subject to traditional restrictions, constitutes “bear[ing] Arms” within the meaning of the Second Amendment.

The most salient and plain point in the ruling states that “the Second Amendment does require that the states permit some form of carry for self-defense outside the home.” The ruling is in agreement with Seventh Circuit Court of Appeals.

While the ruling still allows for licensing requirements, it is a strong affirmation of the Second Amendment as written and as defended by opponents of gun control.

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